Mantej Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: January 30th, 2025 Mantej Singh .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Jashandeep Singh Sandhu, Advocate for the petitioner.

MANJARI NEHRU KAUL, J.

Petitioner is seeking the concession of anticipatory bail in FIR No.55 dated 10.07.2023 under Sections 302, 120-B, 34 of the IPC registered at Police Station Sarai Amant Khan, District Tarn Taran. 2.

Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the instant case. He argues that the delay of two days in the registration of the FIR in question, raises a serious doubt about the veracity of the allegations. As per the learned counsel, the alleged incident took place on 08.07.2023, whereas the FIR was registered on 10.07.2023, clearly suggesting that it was registered after due deliberation and consultation, with the apparent intent to falsely implicate the petitioner. Furthermore, it is submitted that in the FIR in question, the petitioner has not been assigned any specific role in the incident, nor has any injury been attributed to him. Additionally, there is no recovery to be affected from the petitioner. Hence, he deserves the concession of anticipatory bail.

-23.

I have heard learned counsel for the petitioner and perused the relevant material on record.

4.

The allegations against the petitioner, as detailed in the FIR, which stands reproduced hereinunder, are grave and specific: "Statement of Gurmeet kaur widow of Hira Singh resident of Burj Distt. Tarn Taran aged about 15 years stated that I am resident of above said address and a house wife. I have 4 children namely Princepal Singh alias Prince, Vijaypal Singh, Ajaypal Singh, and Arshdeep Singh. That my son Princepal Singh is 23 years old and used to take drugs. That 8 days ago it was allegations on my son Princepal Singh that he has damaged newly purchased Thar Jeep of Mantej Singh son of Baljinder Singh resident of Burj and also Rapture the tires of thar Jeep.

So Mantej Singh son of Baljinder Singh, Gurbhej Singh son of Gurnam Singh, Chamkaur Singh son of Manjinder Singh alias Manna residents of Burj took my son at tubewell with their common intention. Where he was beaten and also broken nail of left thumb of his feet with plier and got medical dressing from doctor Amrik Singh of our village and on Friday dated 07.07.2024 was sent to home. That about all this my son told me then next day they again took my son from home and after that my son did not come back home. So, I was looking for him until then today dated 1.07.2024 at about 10.

00 the son of my JETH namely Harpreet Singh alias Rinku son of Kulwant Singh told me that from the old house of Sukhbir Singh son of Ajit Singh bad smell is whispering all around and we went and saw that the dead body of Princepal Singh alias Prince is hanging with the roоогв wooden piece (gaddarjand his two hands were tied around his back. That I along with my (Nanaan) Simranjit Kaur wife of Ranjit Singh resident of Shaheed Udham Singh Nagar Street No.

-3went to place of occurrence and saw that hanging dead body is of my son Princepal Singh. His both hands were tied around his back. That Mantej Singh, Gurbhej Singh, Chamkaur Singh have killed my son Princepal Singh after beating and torturing him and thereafter tied his hands and hanged him with the roof. That cause of action is name of my son was mentioned in regarding damaging the Thar jeep of Mantej Singh.so today I along with my Nannan Simranjit kaur wife of Ranjit Singh resident of Shaheed Udham Singh Nagar Street no.5, Amritsar was coming to report the matter to you and you met us. That I may be brought to justice after taking actions against killers of my son i.e Mantej Singh, Gurbhej Singh, Chamkaur singh"

5.

From the material available on record, including the impugned order, it transpires that the body of the deceased was recovered from the house of one of the accused. The nature of the allegations and the circumstances surrounding the incident indicate a prima facie case against the petitioner. Given the seriousness of the charges and the available evidence, no case is made out for grant of extraordinary concession of anticipatory bail to the petitioner. 6.

Accordingly, the instant petition stands dismissed. 7.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

January 30th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No