Punjab-Haryana High Court
Jagjeet Singh And Anr vs State Of Punjab on 20 December, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:171731
CRM-M-63898-2024 -1-
106
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-63898-2024
DECIDED ON: 20.12.2024
JAGJEET SINGH AND ANR
.....PETITIONERS
VERSUS
STATE OF PUNJAB
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Bhrigu Dutt Sharma, Advocate
for the petitioners.
SANDEEP MOUDGIL, J (ORAL)
1. Relief sought The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No. 197 dated 29.10.2024 (Annexure P-1) registered under Sections 109 (formerly Section 307 IPC), 115(2) (formerly Section 323 IPC), 118(2) (formerly Section 326 IPC), 126(2) (formerly Section 339 IPC), 324(4) (formerly Section 425 IPC), 351(2) (formerly Section 506 IPC), 190 (formerly Section 149 IPC), 191(3) (formerly Section 148 IPC) of Bharatiya Nyaya Sanhita 2023 at Police Station Sadar Nabha, District Patiala.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
"At that time, one Statement of Amarinder Singh son of Narinder Singh resident of village Narmana Tehsil Nabha, District Patiala aged about 24 years. Mobile No. 99885-75251 written by ASI Rajinder Singh 490/Patiala 1 of 6 ::: Downloaded on - 22-12-2024 10:47:01 ::: Neutral Citation No:=2024:PHHC:171731 CRM-M-63898-2024 -2- Police Station Sadar Nabha for registration case against Sukhdeep Singh alias Sukha son of Satgur Singh, Binder Singh son of Hardev Singh, Jagjeet Singh alias Jaggi son of Hardev Singh, Hardev Singh son of Piara Singh residents of village Narmana and against 10-12 unknown persons received at Police Station through PHG Raj Singh 17976, which reads as follows: Statement of Amarinder Singh son of Narinder Singh resident of Village Narmana Tehsil Nabha District Patiala aged about 24 years. Mobile No. 99885-75251. Stated that I am the resident of above said address and I am an agriculturist and I and my uncle Kiran Singh resident of Narmana were working in our fields yesterday on 28.10.2024 at about 2.30PM. After sowing the wheat crop we were returning home on our tractor John Dere 5210 Color Green. In the meantime, when we reached the passage going towards the fields of Bahadur Singh, then a maruti car bearing No. PB-29G-8187 color white came from the front which was being driven by Sukhdeep Singh alias Sukha son of Satgur Singh resident of Narmana and five other persons were sitting in this car and another car 1-20 Color White was being driven by an unknown person and I don't know about its number and a motorcycle CT-100 color Red on which three boys were sitting with sticks and Kirpans in their hands and in 1-20 Car 6 persons were sitting and they all stopped their vehicles in front of our tractor and encircle us. Sukhdeep Singh came out of the car and he was carrying an iron rod, while Binder Singh son of Hardev Singh resident of Narmana was carrying an iron handle. He also came out of above said maruti car and Jagjeet Singh alias Jaggi son of Hardev Singh resident of Narmana also came out of the Maruti Car and he was carrying iron Kirch in his hand and Hardev Singh son of Piara Singh resident of 2 of 6 ::: Downloaded on - 22-12-2024 10:47:02 ::: Neutral Citation No:=2024:PHHC:171731 CRM-M-63898-2024 -3- Narmana also came out of the Maruti car and he was carrying a Danda in his hand. One unknown person also came out of the Maruti Car who was carrying an iron rod. Six persons armed with weapons also came out of the other I-20 car. I with folded hands requested all of them that we have committed a mistake. Immediately on hearing this, Sukhdeep Singh alias Sukha with the intention of killing me gave a blow with the iron rod held in his hand towards my head. Upon this, I in order to save myself put forward my left arm upon my forehead due to which the iron rod hit my left wrist. He again with an intention of killing me gave a blow with iron rod straight in my head which hit my head and blood started oozing from my head. He again gave another iron rod blow on my head. In the meantime Binder Singh above said while carrying the iron handle in his hand came near me. I due to fear fell down from tractor. He hit the iron handle on the fingers of my right hand which hit my middle finger. Hardev Singh gave beatings to me with 15/20 danda blows on my buttocks. Jagjeet Singh son of Hardev Singh gave a lalkara to do something to my uncle Kiran Singh also. On saying this, Jagjeet Singh alias Jaggi gave a kirch blow near the wrist of the right arm of my uncle Kiran Singh and gave kirch blow directly on the right arm of Kiran Singh and also gave another kirch blow on the back side of his left bicep. Blood started oozing from both the arms of my uncle Kiran Singh. In the meantime, Hardev Singh gave a danda blow on the head of my uncle Kiran Singh. The unknown persons also gave many blows with their respective weapons. Thereafter, all the accused persons while standing at the spot danced there and also damaged our John Deer tractor and raised lalkara that we will not leave you alive and will go after killing us. All of them gave lot of 3 of 6 ::: Downloaded on - 22-12-2024 10:47:02 ::: Neutral Citation No:=2024:PHHC:171731 CRM-M-63898-2024 -4- beatings to us. While I was lying down Sukhdeep Singh alias Sukha above said gave a blow with his iron rod on the fingers of my right hand. All the above said accused escaped from the spot in their respective vehicles alongwith their respective weapons thinking that I have died. While leaving Sukhdeep Singh alias Sukha was saying that they have taught me a lesson for ploughing the fields and in case I did not leave this land, then they will again gave beatings to me. The cause of the grudge is that this land was earlier given on lease to Sukhdeep Singh alias Sukha but thereafter we have taken this land on lease and therefore they had given life threatening beating to us. After they had left my father Narinder Singh and Sukhvir Singh son of my unclereached at the spot. They put me in a vehicle at the spot and got me admitted at Civil hospital, Nabha where I and my uncle Kiran Singh are under treatment. I have got recorded my statement in the presence of my father and uncle Kiran Singh I have heard the same. It is correct. Action as per law may be taken against the above said perrons. I cannot sign because both my hands are not in working condition. I have affixed my right thumb impression. RTI Amrinder Singh."
3. Contention On behalf of the petitioners Learned counsel for the petitioners contends that the allegations against petitioner No.1 are that he had given three kirch blows on the person of the Kiran Singh i.e. near right wrist, right arm and back of left bicep and petitioner No.2 are that he had given four iron rod blows on the person of the complainant-Amrinder Singh i.e. on left wrist, two on head and fourth on right finger. He further contends that the injuries attributed to the petitioners 4 of 6 ::: Downloaded on - 22-12-2024 10:47:02 ::: Neutral Citation No:=2024:PHHC:171731 CRM-M-63898-2024 -5- declared to be simple in nature. It has been further contended that it is a case of version and cross-version, wherein petitioner No.2 Sukhdeep Singh has got recorded his statement detailing the true facts that complainant Amrinder Singh and his uncle Kiran Singh have caused injuries to him.
He submits that the petitioners are ready and willing to join the investigation and cooperate with the investigating agency.
Notice of motion.
On behalf of the State/complainant Mr. Jaspal Singh Guru, AAG, Punjab accepts notice on behalf of the respondent-State assisted by Mr. Amit Puri, Advocate, who has filed Vakalatnama today in Court, which is taken on record and opposes the grant of anticipatory bail to the petitioners on the ground that the petitioners along with their co-accused attacked the complainant and his paternal uncle and caused injuries to them with an intention to kill them and on that ground, seeks dismissal of the instant petition.
4. Analysis Be that as it may, considering the fact that it is case of version and cross-version and the fact that the injuries attributed to the petitioners are simple in nature added with the fact that the petitioners are ready and willing to join the investigation and cooperate with the investigating agency, this Court is of the considered view that the petitioners deserves the concession of anticipatory bail at this stage.
5. Decision In the light of above, the petitioners are directed to be released on anticipatory bail subject to their joining investigation with the Investigating Officer concerned within a period of one week from today, on 5 of 6 ::: Downloaded on - 22-12-2024 10:47:02 ::: Neutral Citation No:=2024:PHHC:171731 CRM-M-63898-2024 -6- furnishing of personal/surety bonds to his satisfaction. The petitioners shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:-
'When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.' However, it is made clear that in case the petitioners do not comply with the aforesaid direction of joining the investigation within a period of one week, the order passed by this Court today shall automatically stands cancelled.
In the aforesaid terms, the present petition stands allowed.
(SANDEEP MOUDGIL)
20.12.2024 JUDGE
Poonam Negi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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