Punjab-Haryana High Court
Gurjinder Singh vs State Of Punjab on 10 March, 2021
Equivalent citations: AIRONLINE 2021 P AND H 516
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-39756 of 2020
DECIDED ON: 10th MARCH, 2021
Gurjinder Singh
.....PETITIONER
VERSUS
State of Punjab
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN.
Present: Ms. Sukhpreet Kaur Grewal, Advocate for petitioner.
Ms. Bhavna Gupta, DAG Punjab.
***
AVNEESH JHINGAN, J (ORAL)
The matter is taken up for hearing through video conference due to COVID-19 situation.
The petition under Section 438 of the Code of Criminal Procedure, 1973, is for grant of anticipatory bail in case of FIR No.133 dated 27.8.2018 under Sections 302, 427, 148, 149 of IPC 1860 and Section 25 of Arms Act, 1959 registered at Police Station Goindwal Sahib, District Tarn Taran.
This Court vide order dated 14th December, 2020 granted interim bail subject to joining investigation. The order is reproduced below:
''The matter is taken up for hearing through video conference due to COVID-19 situation.
This petition is filed being aggrieved of order dated
2.7.2020 whereby the prayer for anticipatory bail was rejected by the Additional Sessions Judge, Tarn Taran.
It is worth to mention here that there is an FIR No. 133, dated 27.08.2018 under Sections 302, 148, 149, 427 (307, 201, 380 added later on) of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 were registered at Police Station Goindwal Sahib, District Tarn Taran and a cross DDR No.15, dated 30.08.2018 under Sections 302, 307, 427, 148 and 149 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959.
1 of 4 ::: Downloaded on - 11-03-2021 05:25:36 ::: CRM-M-39756 of 2020 -2- The FIR was lodged on 27.08.2018 at the instance of Sukhwinder Kaur. Gurjant Singh son of the complainant left his house along with Bittu in his car for an urgent work. When the complainant was coming from Gurdwara Bauli Sahib, she saw Gurjant Singh with Sahilpreet Singh in his Hyundai i-20 car bearing registration No. PB-02CU-9041. Little later, she saw Thar vehicle bearing registration No. CG-04HK-0086 driven by Iqbal Singh @ Afridi. There was another car following the Thar in which the occupants were Prabhjit Singh, Rubal, Robanjit, Kulwinder Kaur Patwaran, Gursewak Singh @ Bambh and Pargat Singh to whom she knew because of her son. The Thar came in front of Hyundai i-20 car and stopped it. A lalkara was raised for teaching lesson to Sahilpreet Singh for contesting the gram panchayat elections for the postof Sarpanch against Prabhjit Singh. Iqbal Singh @ Afridi fired shots which hit the wind shield of the Car. Sahilpreet Singh and Gurjant Singh got down from the car to save themselves, they were shot at by IqbalSingh @ Afridi and his companions. Gurjant Singh received wound on his head. Sahilpreet Singh and a passerby also received injuries. The occupants of the car following the Thar also fired, resultantly, Arshpreet Singh received the fire injury. Afridi was also injured in the firing. Gurjant Singh was taken to Guru Nanak Dev Super Specialty Hospital, Tarn Taran, where he was declared dead. Sahilpreet Singh, Arshpreet Singh and passerby also lost their lives due to injuries sustained.
The DDR was recorded on the basis of statement of Ravinder Iqbal Singh. On 27.08.2018 at 5:30 p.m., he went to Gurdwara Bauli Sahib on his motorcycle. After parking the motorcycle, he went towards Gurdwara Sahib. Then two black Scorpio cars came whose registration number he could not read. In one of the Scorpio, Gurlal Singh, Harpal Singh @ Bittu and 4-5 unknown persons were sitting. In the second Scorpio, Jagroop Singh, Amritpal Singh and Manjit Singh @ Manna and 4-5 other unknown persons were there. They were armed with deadly weapons i.e. 315 bore rifle, 12 bore revolver and pistol. There was one Hyundai i-20 car bearing regsitration No. PB-02CU-9041 driven by Sahilpreet Singh. Gurlal Singh raised lalkara that Rubal should be taught a lesson for joining Afridi gang. Iqbal Singh @ Afridi came in Thar Jeep bearing registration No. CH-04HC-0086 from Fatehabad side and Arshpreet Singh was sitting with him.
2 of 4 ::: Downloaded on - 11-03-2021 05:25:37 ::: CRM-M-39756 of 2020 -3- There were 4-5 more vehicles behind him in which Prabhjit Singh Malhi, Robanjit Singh and Gursewak Singh @ Bob, Pargat Singh and 4-5 armed persons came to protect Ravinder Iqbal Singh. Gurlal Singh fired 3-4 shots. One of the shot hit left plank of the complainant. He ran towards Gurdwara Bauli Sahib, thereafter, there was heavy firing between both the groups. Arshpreet Singh fired from his 315 bore rifle which hit on the chest of Arshpreet Singh. The shots fired by Gurlal Singh hit the passerby whose name was Dalbir Singh. Gurjant Singh and Sahilpreet Singh received fire shots injuries. Thereafter, both the groups escaped and Sahilpreet Singh dragged himself towards his Car during which his pistol fell down. The injured were taken to various hospitals. The motive behind the occurrence was that Gurlal Singh had slapped and thrashed father of the complainant while Sahilpreet Singh and Gurjant Singh were his accomplices and it was only to show their strength that the incident took place.
Learned counsel for the petitioner submits that the petitioner is neither named in the FIR nor the DDR. His name surfaced only in the disclosure statement made by Pargat Singh. She submits that no specific role or injury is attributed to the petitioner. The contention is that Amritpal Singh and Jagroop Singh who were specifically named in the DDR have been granted interim bail vide order dated 19.11.2019. Reliance is placed upon the order dated 20.9.2019 passed by this Court, whereby Jaspreet Singh was granted interim bail.
During the pendency of the present petition, learned counsel for the State submitted that the petitioner is visible in video clipping and is carrying fire-arm.
On 7.12.2020, learned counsel for the petitioner supplied copies of videos to show that the co-accused who have been granted interim bail were visible in the CCTV footage and were carrying fire-arms. Moreover one of them was firing. Learned counsel for the State took time to have instructions.
Today, on instructions from Sub Inspector Pawan Kumar, learned counsel for the State submits that though as alleged by learned counsel for the petitioner the co-accused are visible but they are named inthe DDR and not in the present FIR.
3 of 4 ::: Downloaded on - 11-03-2021 05:25:37 ::: CRM-M-39756 of 2020 -4- The petitioner's name had surfaced only in a disclosure statement, no specific role or injury is attributed to him. The incident has a cross-version by way of FIR and DDR and similarly situated co-accused have been granted interim bail by this Court. Considering the fact, the petitioner is granted interim bail subject to joining investigation within one week and being bound by the conditions stipulated under Section 438(2)Cr.P.C.
List on 10.3.2021.'' Thereafter, on 7th January, 2021, following order was passed:
''The matter is taken up for hearing through video conference due to COVID-19 situation.
This is an application for the grant of extension of time to join the investigation.
Applicant/petitioner was granted interim bail vide order dated 14th December, 2020. He was to join the investigation within one week. Learned counsel for the applicant/petitioner submits that the applicant had to come from Malaysia, he could not complete formalities and get tickets, he could not join the investigation within the stipulated time. It is submitted that he is arriving India today and if quarantine is not required due to COVID-19 situation, he will join the investigation immediately.
Ms. Samina Dhir, DAG, Punjab appears on advance notice on behalf of State.
Considering the facts of the case, the present application is allowed and the time to join the investigation is extended by 15 days from today.'' On instructions from SI Pawan Kumar, learned State counsel submits that the petitioner has joined investigation and his custodial interrogation is not required. It is further submitted that the allegations against the petitioner are serious.
As no custodial interrogation is needed, the interim bail granted on 14th December, 2020 is made absolute.
Disposed of accordingly.
(AVNEESH JHINGAN)
th
10 MARCH, 2021 JUDGE
reema
Whether speaking/reasoned Yes
Whether reportable No
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