Punjab-Haryana High Court
Gurdev Singh vs State Of Punjab on 5 September, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
CRM-M No.25107 of 2014 -:1:-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.25107 of 2014
Date of decision : September 05, 2014
Gurdev Singh
...... Petitioner
Versus
State of Punjab
...... Respondent
CORAM : HON'BLE MS.JUSTICE RITU BAHRI
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1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
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Present : Mr. D.S. Bali, Senior Advocate, with
Mr. Amrinder Vir Singh, Advocate,
for the petitioner.
Ms. Anmol Grewal, AAG, Punjab.
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RITU BAHRI, J.
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.l38 dated 10.11.2010 under Sections 302, 307, 452. 34 IPC and Section 27 Arms Act, Police Station Ghall Khurd District, Feorzepur.
The FIR was registered on the statement of Balwant Singh @ Pappu on the allegations that he was married to Harbhajan Kaur d/o Joginder Singh and his brother Balwinder Singh was also married to Harpreet Kaur d/o Joginder Singh, both the brother were married to the same family. His father-in-law had already died 10-12 years back and his GAURAV SOROT 2014.09.08 17:07 I attest to the accuracy and integrity of this document CRM-M No.25107 of 2014 -:2:- mother-in-law was residing alone, that is why complainant and his brother used to visit her regularly. They used to cultivate the land themselves and the son of the complainant was residing with his maternal grandmother, who was having 12 acres of land in village Kot Karor Kalan. House of Gurdev Singh-petitioner brother of the complainant's father-in-law Joginder Singh was also adjoining to his house and the complainant had purchased a land in front of the house and constructed a room. Gurdev Singh alleged that they have occupied his ½ marla land and due to this a dispute took placed and matter was referred to a village Panchayat. In this background on the date of occurrence at about 3 PM Sukhwinder Singh s/o Gurdev Singh and Narpinder Singh s/o Gurdev Singh armed with sword came from their house and attacked complainant's brother with his kirpan on his back, the complainant came for his rescue and then Sukhwinder Singh gave a dater blow on his left ankle. In the meanwhile Jasvir Kaur came with revolver and handed over to Gurdev Singh, who fired on the complainant's brother, which hit at his right arm and chest and then Sukhwinder Singh gave another blow on his right arm. Due to this complainant along with his brother Balwinder Singh ran away and entered in their house. Gurdev Singh along with his sons followed them and started giving kick blows to the complainant's brother and fired shot at his wife Harbhajan Kaur who was sitting on the chair. Immediately complainant along with her mother- in-law entered into the house of Najar Singh. Gurdev Singh followed them and fired at his mother-in-law in the house of Darshan Singh and fired at Manjit Kaur of Darshan Singh in the courtyard of the house of Darshan Singh and thereafter the injured were taken to hospital where injured were declared dead.
GAURAV SOROT 2014.09.08 17:07 I attest to the accuracy and integrity of this document CRM-M No.25107 of 2014 -:3:-
During investigation Sukhwinder Singh, Narpinder Singh @ Narinder Singh and Jasbir Kaur @ Palo were found innocent and challan was presented against the petitioner. The petitioner was charge-sheeted and the trial proceeded. During trial an application under Section 319 Cr.P.C. was moved and Sukhwinder Singh, Narpinder Singh @ Narinder Singh and Jasbir Kaur @ Palo were summoned to be ordered vide order dated 4.10.2011. A revision against this order was dismissed by this Court vide order dated 20.2.2013.
A Special Leave Petition against the order of this Court was filed before the Supreme Court and vide order, Annexure P-2, the operation of order dated 4.10.2011 passed by Sessions Judge, Ferozepur, Punjab was stayed.
The petitioner filed a complaint under Sections 302, 307, 323, 324, 148, 149 of the IPC against the Balwant Singh @ Pappu, Balwinder Singh, Hakam Singh @ Sahbi, Buta Singh, Harmandeep Singh, Sarna Singh & Baldev Singh. After appreciating preliminary evidence, only Balwant Singh @ Pappu was ordered to be summoned vide order dated 8.9.2011. The petitioner filed a revision petition against this order, and vide order dated 21.09.2012 revision petition was allowed and the order dated 8.9.2011 was set aside and remand back the case to the Magistrate. The Magistrate vide order dated 23.04.2013 summoned all the persons namely Balwant Singh @ Pappu, Balwinder Singh, Hakam Singh @ Sahbi, Buta Singh, Harmandeep Singh, Sarna Singh & Baldev Singh under Section 302, 148, 149 (Annexure P-4).
Counsel for the petitioner prayed that at this stage in view of the summoning order, Annexure P-4 and keeping in view the fact that the GAURAV SOROT 2014.09.08 17:07 I attest to the accuracy and integrity of this document CRM-M No.25107 of 2014 -:4:- trial against the petitioner before the trial Court was stayed by the Supreme Court vide order, Annexure P-2 and the fact that the petitioner is in custody for 3 ½ years liberal view be taken for grant of regular bail.
At this stage reference can be made to a judgment of this Court in case titled as Raja vs. State of Haryana, 2001(1) RCR (Criminal) 863, where in the case of version and cross-version, bail was allowed to the only accused who was in custody..
In the peculiar circumstances of the case, the petitioner is entitled to the concession of regular bail. It is directed that the petitioner shall be released on bail on furnishing bail bonds in the sum of `5 lacs with two local sureties in the like amount before the trial Court to the satisfaction of the trial Court.
Allowed.
However, nothing said hereinabove will be taken as a comment on the merits of the case in any manner whatsoever by the trial Court.
( RITU BAHRI )
September 05, 2014 JUDGE
Gaurav Sorot
GAURAV SOROT
2014.09.08 17:07
I attest to the accuracy and
integrity of this document