Crl. Misc. No. M-20244 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision: December 16, 2011 1. Crl. Misc. No. M-20244 of 2011 Parvinder Singh @ Tinku …..Petitioner Vs. State of Haryana …..Respondent 2. Crl. Misc. No. M-21506 of 2011 Mandeep Singh @ Rubal …..Petitioner Vs. State of Haryana …..Respondent 3. Crl. Misc. No. M-28526 of 2011 Malkiat Singh @ Jimmy …..Petitioner Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Jasmer Singh, Advocate for the petitioner in Crl. Misc. No. M-20244 of 2011 [2] Crl. Misc. No. M-20244 of 2011. Ms. Loveleen Dhaliwal, Advocate for the petitioner in Crl. Misc. No. M-21506 of 2011. Mr.Kuldeep Tiwari, Advocate for the petitioner in Crl. Misc. No. M-28526 of 2011. Ms. Sushma Chopra, Addl.A.G., Haryana. Mr.S.S. Dinarpur, Advocate for the complainant. -.- M.M.S. BEDI, J. This order will dispose of three petitions for the grant of regular bail bearing Crl. Misc. M-Nos.20244 M-21506 and M-28526 of 2011. The FIR was registered at the instance of Hakam Singh alleging that on December 29, 2010 at about 7.45 p.m. he had closed his shop and was proceedings towards his village Raipur on motorcycle. When at 8.00 p.m., he was at a distance of 1, 1½ Km towards Navli Road from Village Kalsani, he saw his tractor on the road side with a trolley loaded with sugarcane on which his brother Balbir Singh was sitting and four young man were beating Balbir Singh. Out of said four persons, one was armed with a lathi. He gave a lathi blow on the head of his brother. The other three were beating his brother by slapping and punching. A black coloured motorcycle make Splendor bearing registration number HR-01Us-8470 was parked near the tractor. On seeing the assault, the complainant raised alarm. The assailants pulled the brother of the complainant from the Tractor and laid him in the bushes by the side of the road behind the trolley. In the meanwhile, a Crl. Misc. No. M-20244 of 2011 [3] Mahindra Pick Up vehicle came from the direction of Shahbad. The complainant signaled the same to stop. All the four persons had left their lathi and fled towards Kalsani with their motorcycle. The complainant put his brother in Mahindra Pick Up with the help of Driver of Pick-Up Baldev Singh and took him to CHC, Shahbad for medical treatment where the Doctor checked his brother Balbir Singh and declared him dead. The complainant stated that he could identify all the four assailants. Counsel for the petitioners contended that none of the petitioners is named in the FIR. It was argued that the circumstances of the present case clearly indicate the false implication of the petitioners. It was vehemently argued that petitioners are not named in the FIR. The complainant has made a supplementary statement in which registration number of the motorcycle has been changed from 8470 to 8170. As the investigation agency has enquired that the motorcycle with number 8470 belongs to one Dalip Singh of Village Khanpur. The investigating officer did not join Dalip Singh in the investigation rather on January 9, 2011, the investigation officer arrested three persons Nitesh Kumar, Sanjay Kumar and Surinder Kumar on the basis of secret information. On January 10, 2011, on the basis of disclosure statement made by the said co-accused, petitioners were arrested on March 18, 2011. It was argued that Balbir Singh, deceased had died on account of gun shot injury in the head. Copy of the postmortem report has been referred to, to argue that a lacerated wound 1 x .05 cm was found on the forehead, 3 cm from the root of the nose with irregular and inadvertent margin and the said injury was the cause of Crl. Misc. No. M-20244 of 2011 [4] death. On January 4, 2011, opinion was given by the Doctor that injuries No.1 and 2 on the head of the deceased Balbir Singh could be the result of fire arm. Petitioner Malkiat Singh was arrested on March 18, 2011 on the basis of disclosure statement of Sanjay Kumar, more than three months after the occurrence. As per the confessional statement made by the co- accused of the petitioners Nitesh, Sanjay and Surinder, Malkiat Singh @ Jimmy was armed with a binda. Petitioner Malkiat Singh allegedly gave a binda blow whereas Sanjay had given a danda blow on the person of deceased Balbir Singh. Surinder Kumar, non-petitioner had caught-hold Balbir Singh and dragged him down the Tractor. Nitesh had allegedly fired a shot from his katta on the head of the deceased. An attempt was made to separate the Tractor from trolley but meanwhile, a motorcycle and Mahindra Pick-up came there, therefore, they escaped from the spot on their motorcycle. Petitioner Mandeep Singh accused has allegedly made a confessional statement in police custody to the effect that Parvinder Singh had instigated Nitesh, Surinder Kumar, Sanjay and Jimmy that in case they snatched a good Tractor and gave it to him, he would pay a sum of Rs.60000/- to them. Whatever profit is earned would be taken by him. Mandeep Singh had made a disclosure statement in police custody that he had promised to provide cartridges but claimed that he should also be given some share in Rs.60000/-. Crl. Misc. No. M-20244 of 2011 [5] The case of the prosecution is based upon the admissions and the statements made by the co-accused of the petitioners as well as by the petitioners themselves. Malkiat Singh, petitioner has been attributed a binda blow on the person of deceased regarding which the evidence is in the shape of recovery which was got effected by him as per the provisions of Section 27 of the Evidence Act and the evidence of admission made by co- accused in the police custody. The evidence collected against Mandeep Singh is that he had himself made a confessional statement that he would provide cartridges whereas petitioner Parvinder Singh had promised that in case a snatched tractor is brought to him he would pay a sum of Rs.60000/-. The cause of death in the present case is a gunshot injury on the person of the deceased. Recovery of binda got effected by Malkiat Singh on the basis of his disclosure statement, would be a debatable issue regarding the involvement of petitioner Malkiat Singh that too on the basis of the statement of co-accused but it will be premature to enter into the niceties of the trial to grant the concession of bail to petitioner Malkiat Singh to hold that petitioner Malkiat Singh has been falsely implicated or that the injury with Binda is not sufficient to cause death of Balbir Singh as cause of death, as per the medical evidence, is a gunshot on his head. No ground is made out at this stage to grant the concession of bail to petitioner Malkiat Singh who has been attributed a binda blow on the person of the deceased Balbir Singh. The petition bearing Crl. Misc. No. M-28256 of 2011 is dismissed. Crl. Misc. No. M-20244 of 2011 [6] So far as petitioners Mandeep Singh and Parvinder Singh are concerned, they were not present on the spot. They have been attributed conspiracy. The evidence of conspiracy is in the shape of statements made by co-accused of the petitioners in police custody, the admissibility of which evidence would be debatable during trial. Petitioners Mandeep Singh and Parvinder Singh have not been attributed any specific role in the occurrence as such they can be granted the concession of bail. The petitions bearing Crl. Misc. Nos. M-20244 and M-21506 of 2011 are allowed. Petitioners Mandeep Singh and Parvinder Singh are ordered to be released on bail on their furnishing bail bonds/ surety bonds to the satisfaction of the trial Court. Nothing said in this order will effect the merits of this case. December 16, 2011 (M.M.S.BEDI) sanjay JUDGE