Punjab-Haryana High Court
Harvinder Singh vs Vir Davinder Singh And Another on 9 August, 2011
Author: Jora Singh
Bench: Jora Singh
Crl.Misc.No. M-21320 of 2011 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
Crl.Misc.No. M-21320 of 2011
Date of decision: 9.8.2011
Harvinder Singh
... Petitioner
versus
Vir Davinder Singh and another
... Respondents
CORAM: HON'BLE MR. JUSTICE JORA SINGH.
Present: Mr.Vikram Chaudhary, Advocate, for the petitioner.
Mr.S.S.Sidhu, Advocate, for respondent No.1.
Mr.S.S.Chandumajra, DAG, Punjab.
...
JORA SINGH, J.
Crl.Misc.No. 42043 of 2011 Prayer from filing of typed copies of Annexures R-1 and R-2 (newspaper cuttings) and certified copies of Annexures R-1 to R-9 allowed. Crl.Misc.No. M-21320 of 2011 Petition under Section 439 Cr.P.C. for grant of bail in complaint No.126 dated 3.9.2008 under Sections 302/34/120-B IPC and Sections 25/27/54/59 of the Arms Act.
According to the complaint by Vir Davinder Singh, on 17.7.2008, gun of Jagwant Singh (licencee) was handed over by Harvinder Singh, petitioner, to Daroga Singh. Daroga Singh had fired a shot hitting Surjit Singh (deceased).
Learned counsel for the petitioner argued that initially FIR No. 116 dated 17.7.2008 under Sections 302/148/149/120-B IPC and Sections 25/27 of the Arms Act, was registered in view of the statement of Kulwant Singh against 13 accused for causing the death of Surjit Singh and injuries to Kulwant Singh Jasandeep Singh, Jaggar Singh and Atma Singh. But Crl.Misc.No. M-21320 of 2011 2 after investigation, challan was presented only against Gurdeep Singh. In the State case, accused are on bail. Later on, complaint was instituted by Vir Davinder Singh against 4 accused including the petitioner. Three accused, namely, Harvinder Singh (petitioner), Daroga Singh and Kaka @ Harbhagwan Singh were summoned. Kulwant Singh, on whose statement FIR No.116 dated 17.7.2008 was registered, was not summoned. Kaka @ Harbhagwan Singh was declared proclaimed offender. Present petitioner and Daroga Singh are in custody. Argued that the petitioner was not named in the FIR. Supplementary challan was presented against Jagwant Singh. Case was committed to the Court of Session for trial. Present complaint was filed after 1-1/2 months. Vir Davinder Singh is the brother of the deceased. Petitioner approached the Session Court for the grant of anticipatory bail but the same was rejected. Petitioner then approached the Hon'ble High Court and as per order dated 28.5.2009, protection was given to the petitioner to file and seek regular bail. Petitioner appeared before learned Magistrate on 1.6.2009 and was ordered to be released on interim bail. Direction was given by the Court that petitioner is to apply for regular bail and in case application is moved for regular bail, then the same is to be disposed of preferably within 10 days. Ultimately, regular bail application of the petitioner was dismissed on 8.6.2009. Main accused is Daroga Singh, who is in custody. After evidence, Court is to opine as to whether murder was in connivance of the petitioner and other accused. Qua the same occurrence, state case is also pending. Accused are on bail. Then private complaint by Vir Davinder Singh. When the accused are on bail in the state case, then no question of interference with the appearance of the witnesses if the petitioner is released on bail.
Crl.Misc.No. M-21320 of 2011 3
Learned State counsel and learned counsel for the respondent- complainant argued that in FIR No.116 dated 17.7.2008, accused are on bail and they are facing trial. But in connivance of present petitioner, Surjit Singh was murdered and 4 persons were injured. Petitioner is to interfere with the appearance of the witnesses if released on bail.
Undisputedly, FIR No.116 dated 17.7.2008 was registered against 13 accused in view of the statement of Kulwant Singh. Surjit Singh, brother of Vir Davinder Singh, is the deceased. 4 persons were injured but in the State case after investigation, initially Gurdeep Singh was challaned. Later on, supplementary challan was presented against Jagwant Singh. In FIR No.116, present petitioner was not named. Qua the same occurrence, private complaint by Vir Davinder Singh against 4 accused including the petitioner, but only 3 accused, i.e., petitioner, Daroga Singh and Kaka @ Harbhagwan Singh were summoned. As per complaint, allegation is that gun of Jagwant Singh (licencee) was handed over by the petitioner to Daroga Singh. Then Daroga Singh had fired a shot hitting the deceased. Kaka @ Harbhagwan Singh is proclaimed offender. Remaining two accused including the petitioner are in custody. Then complaint case is to be committed to the Court of Session for trial. Ultimately, when one State case and one complaint case qua the same occurrence, then both the cases are to be disposed of as per law. In the State case, accused are on bail. Third complaint by Kulwant Singh against 15 accused was instituted.
Accused were summoned to face trial under Sections 304/307/323//148/149/ 120-B IPC and Section 25 of the Arms Act, as per order dated 11.5.2009. After appearance of the accused, case is to be committed to the Court of Session for trial.
Crl.Misc.No. M-21320 of 2011 4
In the private complaint by Vir Davinder Singh, present petitioner was granted protection as per order dated 28.5.2009. Petitioner was directed to apply for regular bail and appear before the Magistrate on 1.6.2009. Petitioner was directed to file application for regular bail on the same day and in case application is moved, then direction was given to the Court to dispose of the same preferably within 10 days. As per order of the Court dated 28.5.2009, petitioner had surrendered before the Magistrate and was ordered to be released on interim bail but ultimately, regular bail application of the petitioner was dismissed. Petitioner is in custody w.e.f. 23.5.2011. Petitioner is not the main accused. Main accused is Daroga Singh, who had fired a shot hitting the deceased. According to the allegation by complainant, murder of Surjit Singh was in connivance of present petitioner. Qua the same occurrence, firstly FIR No.116 dated 17.7.2008 was registered in view of the statement of Kulwant Singh. Then complaint was instituted by Vir Davinder Singh. Again Kulwant Singh filed complaint against 15 accused. After evidence, Court is yet to opine as to whether crime was committed in connivance of present petitioner. When the accused in the State case are on bail, then no question of interference with the appearance of eye witnesses. Petitioner was not named in the FIR.
In view of all discussed above, without any comment on the merits of the case, petition is accepted. Petitioner Harvinder Singh is ordered to be released on bail to the satisfaction of CJM, Bathinda.
9.8.2011 ( JORA SINGH ) pk JUDGE