Punjab-Haryana High Court
Sarabjit Singh @ Sarabjeet vs State Of Punjab on 12 March, 2021
Equivalent citations: AIRONLINE 2021 P AND H 480
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
CRM-M-54720 of 2019 [1]
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
****
CRM-M-54720 of 2019
Date of Decision: 12.03.2021
Sarabjit Singh @ Sarabjeet
Petitioner
Versus
State of Punjab
Respondent
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. Harmanpreet Singh, Advocate for the petitioner.
Mr. Ramandeep Sandhu, Sr. D.A.G., 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 Cr.P.C. is for grant of anticipatory bail in case of FIR No. 133 dated 27.8.2018, under Sections 302, 427, 148, 149 IPC and Section 25 of the Arms Act, 1959, registered at Police Station Goindwal Sahib, District Taran Taran.
The facts are that 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 was 1 of 5 ::: Downloaded on - 13-03-2021 00:22:17 ::: CRM-M-54720 of 2019 [2] recorded. 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 post of 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 Iqbal Singh @ 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 2 of 5 ::: Downloaded on - 13-03-2021 00:22:18 ::: CRM-M-54720 of 2019 [3] 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. 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 Gurudwara 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 for showing their strength that the incident took place.
3 of 5
::: Downloaded on - 13-03-2021 00:22:18 :::
CRM-M-54720 of 2019 [4]
On 20.12.2019, the following order was passed by this Court:
"Learned counsel for the petitioner submits that the petitioner not having been named in the FIR, he has only been arraigned as an accused on the alleged disclosure statement made by one Gursewak, to the effect that his friends Harpeet and Giani were also on the spot.
Notice of motion.
Mr. A. P. S. Gill, leaned DAG, Punjab accepts notice at the asking of the Court.
Two copies of the petition be handed over to him during the course of the day.
Adjourned to 20.1.2020.
He specifically having been put a question by this Court with regard to the above, in view of the fact that the petitions of the co-accused have been coming up for the past one week or 10 days before this Court, he has taken instructions from ASI Pawan Kumar, who is present to assist him in a connected matter which is listed at sr. no. 224 in the ordinary motion list (CRM-M-51462 of 2019, Pargat Singh vs. State of Punjab). He does not thereafter deny what learned counsel for the petitioner submits, that the petitioner has in fact been named as an accussed only on the aforesaid disclosure statement.
That being so, in the meanwhile, upon the petitioner joining investigation and complying with all conditions stipulated in Section 438(2) of the Cr.P.C., if he is sought to be arrested, he shall be released on bail, on his furnishing adequate bail and surety bonds to the satisfaction of the arresting officer/Illaqa Magistrate.
If the investigating officer does not actually join the petitioner in investigation, he would appear before the learned Illaqa Magistrate immediately, who would then summon the arresting officer and direct him to join him in
4 of 5 ::: Downloaded on - 13-03-2021 00:22:18 ::: CRM-M-54720 of 2019 [5] investigation, in terms of the order of this Court." Learned counsel for the State, on instructions from SI-Pawan Kumar, submits that the petitioner has join the investigation.
Considering that the petitioner is neither visible in the CCTV footage nor in the photographs and he has joined the investigation, the interim bail granted vide order dated 20.12.2019 is made absolute.
The petition stands disposed of.
[AVNEESH JHINGAN] JUDGE 12th March, 2021 mk
1. Whether speaking/ reasoned : Yes / No
2. Whether reportable : Yes / No 5 of 5 ::: Downloaded on - 13-03-2021 00:22:18 :::