Punjab-Haryana High Court
Amarjit Singh @ Kala vs State Of Punjab on 21 February, 2014
Author: T.P.S .Mann
Bench: T.P.S.Mann
Crl. Misc. No. M-6002 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M-6002 of 2014
Date of decision: February 21, 2014
Amarjit Singh @ Kala .....Petitioner
VERSUS
State of Punjab .....Respondent
CORAM: HON'BLE MR JUSTICE T.P.S.MANN
PRESENT: Mr Vaneet Soni, Advocate
for the petitioner.
T.P.S .MANN, J.
The petitioner has prayed for the grant of anticipatory bail in the case arising out of FIR No.167 dated 28.7.2013 registered under Sections 302/148/149 IPC and Section 25 of the Arms Act at Police Station Kapurthala City, District Kapurthala, to which offences under Sections 150 and 120-B IPC were added lateron during its investigation.
According to the prosecution, on 27.7.2013 at about 9.35 PM, complainant Madan Chopra was standing, alongwith his father Vijay Kumar in front of his house. In the meantime, he heard an alarm raised by his brother Manoj Kumar that he was being assaulted. Raj Kumar alias Raja and Poppy while armed with pistols were chasing Manoj Kumar. They were followed by Gurpreet Singh alias Gopi. While raising alarm, Manoj Kumar entered the street of Janki Das Temple. Complainant Madan Chopra and his father Vijay Kumar went forward to rescue Manoj Kumar. At that time Vicky armed with pistol and Pankaj Kumar, Jagga, Sunny alias Bhura @ Sarabjit Singh, Sukha and Arju while armed with datars and baseball bats were standing there, who surrounded Manoj Kumar. Raj Kumar, Poppy and Vicky fired shots at Manoj Kumar. Gurpreet Singh gave a datar blow upon Sharma Parmeshwar Dutt 2014.03.18 15:24 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-6002 of 2014 -2- the head of Manoj Kumar, as a result of which he fell down. When Vijay Kumar went ahead, Pankaj Kumar and Arju pushed him aside, who also fell down and died. On seeing the people gathering there, the accused fled away from the spot. Manoj Kumar was removed to Civil Hospital, Kapurthala where he was declared dead. The cause of occurrence was previous enmity between the parties.
From the order dated 6.1.2014 passed by the Additional Sessions Judge, Kapurthala whereby the application filed by the petitioner for the grant of anticipatory bail was dismissed, it is made out that the petitioner, alongwith another, had confessed before Vishawjeet that he got murdered Manoj Kumar and Vijay Kumar by giving supari. Further, one Yog Raj suffered a statement before the police that on 27.7.2013 at about 10.00 PM when he was present at the gate of samadh after paying obeisance there, four/five persons were seen telling the petitioner and Anig Jain that they had killed Manoj Kumar and his father Vijay Kumar and, accordingly, the promised amount be paid. The call details of the petitioner have also been collected during the course of investigation, which point towards his involvement in the crime.
Keeping in view the aforementioned material collected by the prosecution, no case is made out for the grant of anticipatory bail to the petitioner.
The petition is without any merit and, therefore, dismissed.
(T.P.S.MANN)
February 21, 2014 JUDGE
Pds.
Sharma Parmeshwar Dutt
2014.03.18 15:24
I attest to the accuracy and
integrity of this document
Chandigarh