IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 7360 of 2009 Date of decision: 19.1.2010 Paramjit Singh …Petitioner Versus State of Punjab …Respondent Present: Mr JBS Gill, Advocate for the petitioner. Mr Shilesh Gupta, DAG Punjab. Mr HS Sirohi, Advocate for the complainant. S.S.SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 302, 307, 450, 324, 325, 323, 148/149 IPC. The FIR in the case has been registered on the statement of Mohinder Singh, who on 19/20.3.2008 along with his nephew Satbir Singh Sarpanch, his driver Kuldeep Singh and servant Tarlochan Singh were sleeping inside their room after closing the gate of the ‘haveli’. In the incident that occurred on the said intervening night of 19/20.3.2008, someone from the outside called Sarpanch – Satbir Singh and the complainant side who were sleeping got up. Mohinder Singh – complainant along with Satbir Singh, Kuldip Singh and Tarlochan Singh went near the gate of the ‘haveli’ where an electric bulb which was fitted outside his room, was on. It was 3 a.m. at night. Satbir Singh opened the gate and saw Cr Misc M- 7360 of 2009 2 that Hardeep Singh @ Deepa, Jaskaran Singh, Hardev Chopra, Paramjit Singh @ Pamma son of Mohinder Pal, residents of Pandori Ladha Singh, Paramjit Singh (petitioner) son of Jaswant Singh of village Kalewal Bhagtan and two more unidentified young men and two unidentified women aged about 25/30 years entered. Hardeep Singh @ Deepa was well known to the complainant and Satbir Singh Sarpanch. They parked their Indica Car which belonged to Hardeep Singh @ Deepa besides two motorcycles. Hardeep Singh @ Deepa addressing Satbir Singh Sarpanch said that he along with his companions and the women wanted to stay in the rooms of the ‘haveli’ with the women. On this, Satbir Singh replied that he was Sarpanch of the village and a respectable person and he could not afford such activities in his ‘haveli’. Upon this, Hardeep Singh @ Deepa and his companions said that he was an old acquaintance and Satbir Singh should allow them to stay for a short period but Satbir Singh did not agree on this. Hardeep Singh @ Deepa and his companions got enraged and Hardeep Singh alias Deepa took out a ‘datar’ from his Indica Car. Paramjit Singh was armed with a baseball bat and Jaskaran Singh was carrying a ‘danda’. They came inside and raised a lalkara that Sarpanch be caught hold of and be killed and taught a lesson for not allowing them to stay in the rooms. In the incident that ensued, Paramjit Singh - petitioner gave a baseball bat blow to Satbir Singh on his right ear and Hardeep Singh @ Deepa gave a ‘datar’ blow from its sharp side hitting Satbir Singh on his forehead and Satbir Singh fell down. While he lay on the ground, Hardeep Singh @ Deepa gave a ‘datar’ blow from its sharp side with full force hitting Satbir Singh on the back of his head. The complainant, Kuldep Singh and Tarlochan Singh came forward to rescue Satbir Singh and the unidentified youngman gave a ‘datar’ blow from its sharp side to Tarlochan Singh hitting on his forehad. Cr Misc M- 7360 of 2009 3 The two other unidentified young men gave two ‘danda’ blows successively hitting on the complainant’s left mandible. Jaskaran Singh gave a ‘danda’ blow on the forehead of the complainant. Satbir Singh was bleeding profusely. When hue and cry was raised, the assailants ran away with their respective weapons. Learned counsel for the petitioner submits that the petitioner is in custody for the last one year and seven months. Besides, it is submitted that the petitioner is alleged to have hit Satbir Singh on his ear, however, there is no injury on the ear of Satbir Singh. In response, learned counsel for the State and the complainant have submitted that there are 4 injuries on the person of Satbir Singh who died in the occurrence. Three of the injuries are attributed to Hardeep Singh @ Deepa, while an injury is attributed to the petitioner. After giving my thoughtful consideration to the matter, it may be noticed that in the MLR, there are injuries on the person of Satbir Singh who died in the occurrence. These have been attributed to Hardeep Singh @ Deepa and the petitioner. The petitioner was armed with a baseball bat which has been recovered from him. Mohinder Singh – complainant has been examined in the case; however, it is not shown whether it was put to Mohinder Singh in his cross-examination as regards the injuries. The trial in the case is going on. It is now fixed for evidence for 25.1.2010. One accused namely Hardev Chopra has been summoned as an additional accused. However, according to learned counsel for the State, PO proceedings are pending against him. The role attributed to the petitioner is that he entered the house of Mohinder Singh at 3 a.m. at night along with Hardeep Singh @ Deepa. They had brought two women with them and they were compelling Satbir Singh Sarpach (deceased) to let them stay there for Cr Misc M- 7360 of 2009 4 the night to which he declined. On this, they caused injuries to him in his own house. Specific role is attributed to the petitioner. The role, which is attributed to the petitioner, is to be considered and gone into by the trial Court after evidence has been led. In the facts and circumstances of the case, no ground for bail is made out. The criminal misc petition is accordingly dismissed. 19.1.2010 ( S.S.SARON ) ASR Judge