Punjab-Haryana High Court
Davinder Singh@Gulli vs State Of Punjab on 13 May, 2022
Author: Karamjit Singh
Bench: Karamjit Singh
215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-19327 of 2022(O&M)
Date of Decision: 13.05.2022
Davinder Singh @ Gulli
...Petitioner
Versus
State of Punjab
...Respondent
CORAM :HON'BLE MR. JUSTICE KARAMJIT SINGH
Present:- Mr. Satnam Singh Gill, Advocate
For the petitioner.
Ms. Jaspreet Kaur, AAG Punjab.
***
KARAMJIT SINGH, J.
The present petition has been filed under Section 439 Cr.P.C. by the petitioner seeking regular bail in FIR No. 7 dated 11.01.2022, registered under Sections 302, 148, 149, 427, 482, 411, 201 and 120-B IPC and Section 25 of Arms Act, Police Station Tripuri, Patiala, District Patiala.
The case of the prosecution in brief is that on 11.01.2022 at about 9:40 a.m. Complainant Satish Chand was present in his house which was under construction and in the meantime his brother Tara Dutt came there in his car to serve tea to him and labourers, who were working there. When Tara Dutt had just stopped his car, two other cars having registration No. PB10GR-2329 and Alto Car No. CH04B-4981 also reached there and Abu, Jitender Shergill, Kanwar Ravdeep Singh, Jaspreet Singh @ Maggu, Mani Walia and 8/9 unknown persons got down from the said two cars and they were armed with fire arms and 1 of 3 ::: Downloaded on - 14-05-2022 10:28:25 ::: CRM-M-19327 of 2022 =2= sharp edged weapons and they started firing towards car of Tara Dutt. On this Tara Dutt tried to ran away after getting down from his car, but all the aforesaid persons fired at him as a result of which Tara Dutt was badly injured and fell near the car and then aforesaid persons ran away from there.
Counsel for the petitioner contends that the petitioner has been falsely nominated as an accused in the present case. The petitioner was not named in the FIR and was not present at the spot when the occurrence had taken place. Counsel further contends that the petitioner was arrested on 22.01.2022 and no incriminating material was recovered by the police from him. Counsel further contends that the only allegation against the petitioner is that prior to the present occurrence he along with some other persons was keeping watch on the movement of the deceased and he also conducted recce of the area where the deceased Tara Dutt was residing.
Present petition is opposed by State counsel, who has put in appearance on service of advance copy of petition. On instructions from SI Pavittar Singh, she submits that after completion of investigation challan has been presented against all the accused persons including the petitioner. At the same time, State counsel admitted that no incriminating article was recovered from the possession of the petitioner, who is in custody since 22.01.2022. The State counsel has not refuted the fact that the only allegation against the petitioner is that he along with Gurjot Singh, Sukhdeep Singh and Ranjit Singh @ Rana was keeping watch on 2 of 3 ::: Downloaded on - 14-05-2022 10:28:26 ::: CRM-M-19327 of 2022 =3= the house as well as movement of deceased Tara Dutt prior to the present occurrence.
Investigation in the present case has been completed but it will take time for completion of trial. In view of the fact that the only allegation appearing against the petitioner is that he kept watch on the house and movement of the deceased Tara Dutt, no useful purpose is going to be served by keeping him in custody for any longer period.
In view of the above, without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
(KARAMJIT SINGH )
13.05.2022 JUDGE
Jiten
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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