Punjab-Haryana High Court
Davinder Singh vs State Of Punjab on 18 July, 2024
Neutral Citation No:=2024:PHHC:093435
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
102 CRM-M-33896-2024
Date of Decision : July 18, 2024
DAVINDER SINGH -PETITIONER
V/S
STATE OF PUNJAB -RESPONDENT
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Vikas Gupta, Advocate
for the petitioner.
Mr. Pardeep Bajaj, D.A.G., Punjab.
***
KULDEEP TIWARI, J. (ORAL)
1. Through the instant petition, as instituted under Section 438 of the Cr.P.C., the petitioner seeks the concession of anticipatory bail, in FIR No.69 dated 18.04.2024, under Sections 224, 341, 506, 353, 186, 34, 120-B of the IPC and Sections 21(1) A, B, 25(6), 25, 27 of the Arms Act, 1959 (Sections 212 and 216 of the IPC added subsequently), registered at P.S. City Tarn Taran, District Tarn Taran.
2. Succinctly stated, the role of the petitioner, as surges forth from the record available before this Court, is that, he was instrumental in hatching a criminal conspiracy with his cohorts for forcibly securing the released of an undertrial/dreaded criminal from police custody.
3. The relevant extract of the present FIR, which is narrated in paragraph No.3 of the order dated 05.07.2024, wherethrough, the learned Additional Sessions Judge concerned has declined anticipatory bail to the 1 of 4 ::: Downloaded on - 25-07-2024 21:00:01 ::: Neutral Citation No:=2024:PHHC:093435 CRM-M-33896-2024 2 petitioner, is reproduced hereunder:-
"3. The present FIR was registered on the statement made by complainant Gursher Singh dated 18.04.2024. It was stated by him that he was undergoing training in Police Jail Training School Patiala and he was provisionally deputed in Central Jail Goindwal Sahib. On 15.04.2024, he was present in the jail and Charanjit Singh alias Raju Shooter, undertrial, in FIR no.172/2023, under sections 307, 186, 427 read with section 34 of IPC and section 25 of Arms Act, Police Station Jhabal was lodged in the jail and a clamp (shikanja) had been placed around his leg since it was to be operated. On 15.04.2024, the complainant along with two other officials from the jail were assigned with the task to take the accused to civil hospital Tarn Taran. Constable Rashpal Singh was carrying INSAS rifle with 10 rounds and constable Varinder Singh was carrying handcuffs. The accused was brought to civil hospital Tarn Taran where he was admitted in room no.5 on the third floor of the hospital. Since a clamp had been fixed on the leg of accused Charanjit Singh, his movement was substantially restricted and his friend, Gulab Singh, use to occasionally lend a helping hand to him and also brought food from him. He was also handcuffed and the handcuff was secured with the bars of the grill. The keys of the handcuff were with the complainant. Constable Rashpal Singh was on guard with his INSAS rifle and constable Varinder Singh had gone to the canteen to take tea. Constable Rashpal Singh left his rifle with the complainant and went to the bathroom when at about 2:30 P.M., suddenly Gulab Singh barged into the room accompanied by 2 other unknown companions. The complainant attempted to stop them upon which Gulab Singh took out a pistol and pointed the same towards the complainant. His companion locked the bathroom from outside and constable Rashpal Singh got stuck in the bathroom. The three assailants pinned down the complainant and accused Gulab Singh forced the barrel of the pistol into the
2 of 4 ::: Downloaded on - 25-07-2024 21:00:01 ::: Neutral Citation No:=2024:PHHC:093435 CRM-M-33896-2024 3 mouth of the complainant and forcibly took out the keys of the handcuffed. The handcuff was unlocked and the assailants also snatched the INSAS rifle from the complainant. The 2 unknown persons lifted accused Charanjit Singh and fled away and accused Gulab Singh locked the complainant in the balcony of the room and absconded. When the complainant and constable Rashpal Singh some how managed to free themselves, they found INSAS rifle lying outside but in the meanwhile the assailants had managed to flee away along with accused Charanjit Singh."
4. The learned counsel for the petitioner submits that, in fact, the only role assigned to the petitioner is that, he had provided shelter to the runaway undertrial Charanjit Singh @ Raju Shooter and to the other accused, who facilitated his escape from police custody. Therefore, the petitioner cannot be taken to be the accused, who helped the undertrial Charanjit Singh @ Raju Shooter to flee from police custody.
5. This Court has heard the submissions made by the learned counsel for the petitioner and also considered the allegations against him, which are grave in nature.
6. Record reveals that, during investigation, accused Gulab Singh was arrested and a 12 bore rifle and 8 live 12 bore cartridges were recovered from him. Also, a 32 bore revolver along with 6 live cartridges was recovered from possession of accused Charanjit Singh. Moreover, a 32 bore Bretta revolver along with 7 live 32 bore cartridges were recovered from the possession of accused Amritpal Singh and a 32 bore pistol along with 5 live cartridges were recovered from the possession of accused Hussanpreet Singh. Insofar as the petitioner is concerned, his co- accused suffered disclosure statement(s) that he was complicit in the 3 of 4 ::: Downloaded on - 25-07-2024 21:00:01 ::: Neutral Citation No:=2024:PHHC:093435 CRM-M-33896-2024 4 execution of the offence from the very first instance and he was an integral part of the criminal conspiracy.
7. Record also reveals that total 11 persons were involved in this criminal conspiracy and out of these 11 persons, 09 have already been arrested.
8. The case at hand is a clear cut case, where the petitioner is a part of gangsters, who blatantly attacked jail officials and helped the main accused Charanjit Singh @ Raju Shooter, who has been facing trial in a serious offence, to flee from police custody. Therefore, considering the seriousness of the offence, this Court is not inclined to grant the extraordinary relief of anticipatory bail to the petitioner. Consequently, the instant petition is dismissed.
(KULDEEP TIWARI)
July 18, 2024 JUDGE
devinder
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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