Punjab-Haryana High Court
Jaswant Singh And Another vs State Of Punjab on 8 May, 2023
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2023:PHHC:066136
CRM-M-35065-2022 2023:PHHC:066136 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-35065-2022
Date of Decision: 8.5.2023
Jaswant Singh and another
....Petitioners
VERSUS
State of Punjab
....Respondent
CORAM:- HON'BLE MR. JUSTICE KARAMJIT SINGH
Argued by : Mr. Jasdeep Singh Gill, Advocate
for the petitioners.
Mr. Sanish Girdhar, AAG, Punjab.
Mr. Gagandeep Singh, Advocate,
for the complainant.
*******
KARAMJIT SINGH, J.
Prayer in the present petition under Section 439 of Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.14 dated 18.2.2022 registered for the offences punishable under Sections 302, 323, 148, 149, 201 IPC at Police Station Ghanie Ke Bangar, Police District Batala.
2. As per allegations recorded in the FIR, at the time of the occurrence, complainant-Gurwant Singh accompanied by his sons Manjit Singh and Karambir Singh alias Nikku (deceased) and one Sukhwant Singh was canvassing for votes in connection with assembly elections. At about 5:30 p.m., when they reached near Punjab and Sind Bank in their village, accused Tejinder Pal Singh along with both the petitioners and their accomplices were already present there armed with different weapons. At 1 of 5 ::: Downloaded on - 10-05-2023 03:09:48 ::: Neutral Citation No:=2023:PHHC:066136 CRM-M-35065-2022 2023:PHHC:066136 -2- that time, petitioner-Jaswant Singh was armed with wooden sota while petitioner-Darshan Singh was armed with wooden handle of spade while main accused Tejinder Pal Singh was having wooden log; that on seeing the complainant party, all the accused came forward and then petitioner-Jaswant Singh, co-accused/Amar Singh, Gurbinder Singh and Balwinder Singh @ Balwant Singh @ Bau raised lalkara that they be not spared and immediately, co-accused Mukhtiar Singh pulled out Karambir Singh alias Nikku who was sitting in the car and co-accused Tejinder Pal Singh gave blow of wooden log which hit on head of Karambir Singh @ Nikku, as a result of which, he fell on the ground and then Jobanpreet Singh alias JP gave blow of base ball bat which hit Karambir Singh alias Nikku and Mukhtiar Singh also gave blow of wooden log to Karambir Singh alias Nikku and when the complainant and his other son Manjit Singh tried to intervene, petitioner-Darshan Singh gave blow of wooden handle of spade on the left side of head of the complainant, Major Singh gave datar blow which hit on his forehead of the complainant, Pritpal Singh gave base ball bat on the head of Manjit Singh, Harpal Singh alias Bhalla gave blow of wooden sota on left wrist of the complainant and when alarm was raised, the accused persons sped away from there and injured-Karambir Singh alias Nikku was taken to Civil Hospital, Fatehgarh Churian but he died on the way.
3. Counsel for the petitioners submits that as per allegations appearing on the record, the deceased sustained one fatal injury which is attributed to co-accused Tejinder Pal Singh. He further submits that the petitioners have been falsely implicated in this case and only, lalkara has been attributed to petitioner-Jaswant Singh while one simple injury is 2 of 5 ::: Downloaded on - 10-05-2023 03:09:49 ::: Neutral Citation No:=2023:PHHC:066136 CRM-M-35065-2022 2023:PHHC:066136 -3- alleged to have been caused by petitioner-Darshan Singh on the person of the complainant with blunt weapon. He further submits that so far as offence under Section 302 IPC is concerned, liability of the petitioners has been fastened with the aid of Section 149 IPC and it is a matter of trial as to whether the petitioners were having any intention to kill Karambir Singh @ Nikku. He further contends that during trial, both eye witnesses namely complainant and his son Manjit Singh are already examined. He further submits that no injury has been attributed to Jaswant Singh who is alleged to have raised lalkara while only simple injury is attributed to petitioner- Darshan Singh. It is further submitted that evidence of exhortation is a weak piece of evidence and is used to implicate some innocent persons, in addition to actual assailant by saying that the concerned person raised lalkara and exhorted the assailants to attack the victim.
4. Counsel for the petitioners further submits that petitioner- Jaswant Singh is in custody for the last 11 months while petitioner-Darshan Singh is in custody for the last 1 year and 1 month and they are having no criminal history. He further submits that it will take considerable time for the trial to conclude. So, prayer is made that the petitioners be released on bail.
5. Present petition is resisted by the State counsel as well as by the counsel for the complainant. They submit that both the petitioners were members of unlawful assembly which attacked deceased-Karambir Singh alias Nikku, as a result of which, he died. It is further submitted that there was clear intention of the said unlawful assembly to cause fatal injuries to the deceased and even if the petitioners have not caused the fatal injuries, they are liable for the same as per provisions of Section 149 IPC and are 3 of 5 ::: Downloaded on - 10-05-2023 03:09:49 ::: Neutral Citation No:=2023:PHHC:066136 CRM-M-35065-2022 2023:PHHC:066136 -4- accordingly, charged by the learned trial Court. It is further contended that the trial is going on.
6. State counsel, however, on instructions from ASI Joginder Singh has not disputed that during trial, complainant-Gurwant Singh and injured eye witness-Manjit Singh are examined and that petitioner-Jaswant Singh is in custody for the last more than 11 months while petitioner- Darshan Singh is in custody for the last more than 1 year and 1 month and they are having no criminal antecedents.
7. I have considered the submissions made by the counsel for the parties.
8. There is no doubt that the petitioners are named in the FIR. From the perusal of FIR, it appears that no fatal injury has been attributed to both the petitioners. Petitioner-Jaswant Singh who is alleged to have raised lalkara, is stated to be armed with wooden sota whereas petitioner-Darshan Singh is stated to be armed with wooden handle of spade with which he caused injury on the left side of the head of the complainant and the same is stated to be simple injury. The petitioners have been impleaded as accused for commission of offence under Section 302 IPC with the aid of Section 149 IPC. In the given circumstances, as no injury is attributed to petitioner- Jaswant Singh and only simple injury that too on the person of the complainant is attributed to petitioner-Darshan Singh, it is a matter of evidence as to if there was any intention on the part of the petitioners to cause death of Karambir Singh alias Nikku. In terms of observations made in Jainul Haque v. State of Bihar; 1974 AIR (Supreme Court) 45, evidence of exhortation is in the nature of things, a weak piece of evidence. Further, in the instant case, both material witnesses namely the complainant 4 of 5 ::: Downloaded on - 10-05-2023 03:09:49 ::: Neutral Citation No:=2023:PHHC:066136 CRM-M-35065-2022 2023:PHHC:066136 -5- and his son Manjit Singh have been examined. So, there is no apprehension that if released on bail, the petitioners are going to influence them. However, it will take time for conclusion of trial. Thus, no fruitful purpose is going to be served by prolonging the judicial custody of the petitioners for any further period.
9. In view of the above, without commenting on the merits of the case, the present petition is allowed and the petitioners are ordered to be released on regular bail subject to their furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
( KARAMJIT SINGH )
JUDGE
May 8, 2023
Paritosh Kumar
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:066136
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