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High Court of Punjab and HaryanaCRM-M/13347/2024allowed

Tarsem Singh v. State Of Punjab

2024-10-15Mrs. Justice Amarjot Bhatti4 pages

-1231- 3 cases

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:- 15.10.2024 (1) CRM-M-13347-2024 Tarsem Singh

...Petitioner

Vs.

State of Punjab

...Respondent

(2) CRM-M-16309-2024 Yadwinder Singh

...Petitioner

Vs.

State of Punjab

...Respondent

(3) CRM-M-20763-2024 Gurpreet Singh

...Petitioner

Vs.

State of Punjab

...Respondent

CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Munish Puri, Advocate for the petitioner in CRM-M-13347-2024.

Mr. Anil Kumar Garg, Advocate for the petitioner in CRM-M-20763-2024.

Mr. Amandeep Singh Sidhu, Advocate for Mr. Digvijay Nagpal, Advocate for the petitioner in CRM-M-16309-2024.

Mr. Neeraj Madaan, Sr. DAG, Punjab.

****

-2AMARJOT BHATTI, J.

1.

The petitioners - Tarsem Singh, Yadwinder Singh and Gurpreet Singh have filed separate petitions under Section 439 Cr.P.C. for grant of regular bail in FIR No. 2 dated 05.01.2024, under Sections 323, 324, 341, 506, 148, 149 of Indian Penal Code, 1860 (Section 326 and 325 of IPC were added later on), registered at Police Station Ghagga, Tehsil Patran, District Patiala. These petitions have arisen out of same FIR, therefore, all the petitions are taken up together for disposal. 2.

Facts of the case are that Amrik Singh complainant gave his statement that they are four brothers. His brother Dalvir Singh was having shop "Sandha Pesticides" at Mandi Badshapur. His cousin Dalvir Singh was to get money from Gurpreet Singh regarding purchase of some insecticides for the crops. On 03.01.2024, he along with his cousin Paramjit Singh were going to the market to purchase household articles. On this, his cousins Gurpreet Singh, Dalvir Singh, Tarsem Singh, Gursewak Singh, Yadwinder Singh had quarrel regarding money dispute. Matter was pacified. Thereafter, he along with his cousin Paramjit Singh was returning home and when they reached ahead of Randhawa Rice Mill at Badshapur at about 7:30/8:00 PM, Gurpreet Singh and Tarsem Singh stopped them. They were accompanied by 2-3 other unknown boys.

Tarsem Singh opened the door of their vehicle. Gursewak Singh gave kirpan blow towards his head but he raised his left hand, as a result it hit on the palm of left hand. Yadwinder Singh gave kirpan blow on the person of Paramjit Singh who was on driver seat and it hit on his eyebrow.

-3persons present there started giving fist blows. On alarm raised by them, Dalvir Singh s/o Sher Singh and Dalvir Singh Panchayat Member reached on the spot and rescued them. While leaving the spot, the assailants took away cash of Rs.15,000/- lying in their vehicle and also took away gold chain of Paramjit Singh. Thereafter, they were shifted to Civil Hospital Samana.

3.

Learned counsel for petitioner(s) argued that allegations levelled against petitioners are false. They were arrested by the police on 18.01.2024 and they were granted concession of interim bail vide separate orders dated 20.03.2024, 22.05.2024 and 18.05.2024. They are still ready to abide by terms of bail order. Therefore, interim bail(s) already granted in their favour may be confirmed.

4.

Bail petitions are opposed by learned counsel representing State. Common status report has been filed. It is clarified that after completion of investigation challan has been presented on 11.03.2024. Chargesheet was framed on 16.06.2024 and the case is pending for prosecution evidence. All the petitioners/accused are specifically named and specific role is attributed to them. Therefore, they are not entitled to be released on bail. 5.

I have considered the arguments and have gone through the record. Aforesaid petitioners have already joined the investigation. After completion of investigation challan has been presented. Chargesheet has been framed and the case is fixed for prosecution evidence. Trial is at initial stage and it may take long time. Considering the facts of case and without expressing my mind on the merits, interim bail(s) already granted

-4to petitioners namely Tarsem Singh, Yadwinder Singh and Gurpreet Singh vide order(s) dated 20.03.2024 in CRM-M-13347-2024, 22.05.2024 in CRM-M-16309-2024 and 18.05.2024 in CRM-M-20763-2024 respectively stand(s) confirmed to the satisfaction of learned trial Court/Duty Magistrate concerned.

6.

Petitions are accordingly, accepted.

7.

Pending miscellaneous application(s), if any, stand disposed of accordingly as well.

15.10.2024 (AMARJOT BHATTI) JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No