Punjab-Haryana High Court
Kulwinder Singh @ Sonu vs State Of Punjab on 20 September, 2023
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2023:PHHC:123850
CRM-M-41944-2023 #1# 2023:PHHC:123850
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-41944-2023
Date of Decision:-20.09.2023
Kulwinder Singh @ Sonu.
......Petitioner.
Vs.
State of Punjab.
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Aminder Singh, Advocate for the Petitioner.
Ms. Ramta K Chaudhary, Deputy Advocate General, Punjab.
***
JASJIT SINGH BEDI, J.(ORAL)
The Prayer in this petition under Section 439 Cr.PC is for the grant of Interim Regular bail in case FIR No.29 dated 01.03.2022 under Sections 379-B, 34 IPC (Section 392, 473, 412 IPC added later on) & Section 25 of the Arms Act, 1959 registered at Police Station Shambu, District Patiala.
2. The brief facts of the case are that on 01.03.2022 while the police party was on patrolling duty, Ajaib Singh (complainant) along with his friend Ramanpreet Singh and Amrinder Singh met the police party and got recorded his statement wherein he stated that he was working as a Deputy Manager/Cashier at ICICI Bank, Rajpura branch. On 28.02.2022 at around 7.30 pm after closing the bank he was going along with his colleague Mahima in his car make Verna. At about 8/8.30 pm when he (complainant) had halted his car near the railway line a white Swift Car came and stopped behind them and two person alighted from it. When he (complainant) rolled 1 of 6 ::: Downloaded on - 22-09-2023 23:59:58 ::: Neutral Citation No:=2023:PHHC:123850 CRM-M-41944-2023 #2# 2023:PHHC:123850 down his window pane one of the persons opened the door of the car and dragged him out and also took out the keys of his car. When the complainant tried to scuffle with the unknown person then another person fired a shot from a pistol. In the meantime, Mahima, his friend also alighted from the car. Then two young persons snatched his (complainant's) car and fled towards Rajpura side. Their third accomplice who was driving the Swift car also went behind them.
Based on the said information the instant FIR was registered. During the course of investigation the statement of the complainant was recorded who stated that he had come to know that Manvinder Singh @ Chamkaur, Pawandeep Singh @ Pawan Garcha and Ranjodh Singh @ Jyoti were the persons who had snatched his car. Upon the abovesaid statement, three persons were nominated in the present FIR and an offence under Section 392 IPC was added.
On 20.03.2022 the aforementioned persons were arrested. From Pawandeep Singh recovery of one country made pistol 32 bore along with 6 live cartridges was effected. From Ranjodh Singh recovery of one Desi Katta 315 bore along with 2 live cartridges of 315 bore was effected.
Akashdeep Singh @ Akash and Raghwinder Singh @ Ricky were nominated in the present case on the basis of the interrogation of Pawandeep Singh @ Pawan Garcha, Manvinder Singh @ Chamkaur and Ranjodh Singh @ Jyoti. It also came to light that Akashdeep Singh @ Akash had been confined in Faridkot Jail in FIR No.18 dated 02.09.2021 under Section 13, 16, 18, 18-B, 20 UAPA Act, 3,4,5 Explosives Act, 25, 27-A, 29/61/85 NDPS Act, 120-B IPC registered at P.S. SSOC, Amritsar and Raghwinder Singh @ Ricky was confined in Faridkot Jail in case FIR No.91 dated 02.04.2011 under Section 302, 427, 149, 149 IPC registered at P.S. 2 of 6 ::: Downloaded on - 22-09-2023 23:59:59 ::: Neutral Citation No:=2023:PHHC:123850 CRM-M-41944-2023 #3# 2023:PHHC:123850 Payal, District Ludhiana. Accordingly their custody was obtained on production warrants and they were remanded.
During the course of interrogation of Pawandeep Singh @ Pawan Garcha one Kulwinder Singh @ Sonu (petitioner) and Talwinder Singh @ Nikku (bail declined vide order dated 13.04.2023) were nominated in the present case.
On 28.03.2022 Talwinder @ Nikku was arrested and suffered his disclosure statement that he had brought 04 pistols of 32 bore along with 19 live 32 bore cartridges from co-accused Kulwinder Singh @ Sonu and the same were kept by him in his Swift car. Based on the said statement the weapons in question came to be recovered.
Thereafter Kulwinder Singh @ Sonu was arrested and 06 pistols 32 bore along with 13 live cartridges and 08 magazines were recovered from him. Thereafter one Buta Singh @ Bagga Khan was nominated as accused.
On 31.03.2022 Darshan Singh @ Darsa and Daler Singh Kotia were nominated on the basis of interrogation of Talwinder Singh @ Nikku and Kulwinder Singh @ Sonu. Pawandeep Singh @ Pawan Garcha was confined in Nabha Jail and was arrested on after obtaining his production warrants.
Pursuant to the conclusion of the investigation, the report under Section 173(2) Cr.PC was presented against Talwinder Singh @ Nikku, Manwinder Singh @ Chamkaur, Pawandeep Singh @ Pawan Garcha, Randhodh Singh @ Joti, Kulwinder Singh @ Sonu (petitioner), Darshan Singh @ Darsa, Akashdeep Singh @ Akash and Raghwinder Singh @ Ricki on 28.09.2022.
3. The Counsel for the petitioner contends that the petitioner had undergone a liver transplant in the past. On 04.08.2022 the petitioner had 3 of 6 ::: Downloaded on - 22-09-2023 23:59:59 ::: Neutral Citation No:=2023:PHHC:123850 CRM-M-41944-2023 #4# 2023:PHHC:123850 suffered a stroke because of which he was undergoing treatment at Guru Gobind Singh Medical College and Hospital Faridkot. As the condition of the petitioner was serious requiring proper care and treatment at the instance of specialist doctors he was entitled to the concession of interim bail.
4. The Counsel for the State on the other hand has filed a Status report by way of affidavit of Mr. Kulwinder Singh, Superintendent District Jail, Barnala dated 15.09.2023 in court today, which is taken on record. The State Counsel contends that the petitioner is a habitual offender with 21 cases registered against him which are either pending or decided. The details of the same are as under:-
Sr. No. FIR No./Date Under Sections Police Stage Station/District
1. 303/16.08.2011 457, 380 IPC City Sangrur, Acquitted Sangrur
2. 21/04.02.2012 25 Arms Act City Sangrur, Already Sangrur undergone Sentence
3. 20/04.02.2012 18 NDPS Act City Sangrur, Already Sangrur undergone Sentence
4. 15/10.01.2014 22 NDPS Act City Sangrur, Transferred Sangrur to CJM Sangrur
5. 163/29.05.2014 22 NDPS Act City Sangrur, Acquitted Sangrur
6. 136/25.06.2014 18 NDPS Act Sadar Dhuri, Convicted Sangrur
7. 40/20.02.2018 52 A Prisons City Convicted Act Gurdaspur, Gurdaspur
8. 51/10.03.2018 52 A Prisons City Convicted Act Gurdaspur, Gurdaspur
9. 07/10.01.2022 25 Arms Act City Sangrur, Pending Sangrur Trial
10. 150/04.06.2009 307, 332, 353, City Sangrur, Acquitted 186, 148, 149 Sangrur IPC, 3/ 4 DPP Act
11. 356/06.12.2009 379 IPC City Sangrur, Convicted Sangrur
12. 358/06.12.2009 379 IPC City Sangrur, Convicted Sangrur 4 of 6 ::: Downloaded on - 22-09-2023 23:59:59 ::: Neutral Citation No:=2023:PHHC:123850 CRM-M-41944-2023 #5# 2023:PHHC:123850
13. 379/20.12.20212 379 IPC City Sangrur, Convicted Sangrur
14. 47/04.04.2010 15 NDPS Act Bhikhi, Mansa Convicted
15. 128/07.08.2011 457, 380 IPC Sadar Sangrur Convicted
16. 66/28.04.2012 379 IPC Sadar Sangrur Convicted
17. 90/02.04.2013 15, 18, 22 City Sangrur, Untraced NDPS Act Sangrur
18. 69/04.05.2013 15 NDPS Act, Sadar Sangrur Convicted 483, 411 IPC
19. 77/28.04.2013 379 IPC Lehra Convicted
20. 74/27.04.2013 382 IPC City Sunam Convicted
21. 27/23.01.2017 52 A Prison City Barnala Convicted Act
5. He further contends that as per the report of Medical Officer, District Jail, Barnala the petitioner has suffered paralysis on the right side with slurring of speech and has difficulty in his routine activities. However, as he was undergoing proper treatment from Guru Gobind Singh Medical College and Hospital Faridkot, he was not entitled to the concession of interim bail looking at his antecedents.
6. I have heard the Counsel for the parties.
7. The report attached with the affidavit of the State as Annexure R-1 reads as under:-
" From Medical Officer, District Jail, Barnala.
To Superintendent, District Jail, Barnala.
Subject:- Regarding Medical report of Under Trial Kulwinder Singh son of Mangat Singh, Residence of Sangrur.
It is for your kind information that the above said inmate in subject is confined in District Jail Barnala since 09.07.2022. This inmate has history of laparotomy following gunshot injury in past on 04.08.2023 around 4.00 PM inmate complain of sudden pain in Head associated with confusion and weakness on right side. On examination B.P.236/144 mm of hg. Inmate given necessary medication at District Jail, Barnala and referred to Civil Hospital Barnala for further management and medicine opinion. Inmate undergo NCCT 5 of 6 ::: Downloaded on - 22-09-2023 23:59:59 ::: Neutral Citation No:=2023:PHHC:123850 CRM-M-41944-2023 #6# 2023:PHHC:123850 head at Civil Hospital Barnala from where inmate referred to Guru Gobind Singh Medical College and Hospital, Faridkot where inmate undergo M.R.I. brain and remain admitted there from 04.08.2023 to 10.08.2023. Now, inmate is undergoing treatment as per prescription from Guru Gobind Singh Medical College and Hospital, Faridkot. But, due to paralysis on right side with slurring of speech inmate has difficulty in his routine activities. This is for your information please.
Sd/-
Medical Officer District Jail, Barnala"
8. A perusal of the abovesaid report of the Medical Officer, District Jail, Barnala addressed to the Superintendent, District Jail, Barnala would reveal that though the petitioner is ailing, he is currently receiving adequate treatment at Guru Gobind Singh Medical College and Hospital Faridkot.
9. Further, the antecedents of the petitioner are such that there is every possibility that the petitioner would abscond from justice in case he is granted the concession of bail.
10. Therefore, at this stage, no ground for the grant of interim bail to the petitioner is made out and the present petition stands dismissed.
11. However, the petitioner is at liberty to renew his request for the grant of interim bail on medical grounds if there is any significant change in his condition.
( JASJIT SINGH BEDI )
JUDGE
September 20, 2023
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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