Gurmeet Singh & ORS v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- February 20, 2018 Gurmeet Singh alias Babbu and others

...Petitioners

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Surjit Singh Swaich, Advocate for the petitioners. Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

*** This petition for regular bail has been filed by petitioners Gurmeet Singh alias Babbu, Sukhmander Singh alias Mander Singh, Iqbal Singh alias Buta, Kuldeep Siingh alias Gosha, Sukhpal Singh, Balkaran Singh, Manjit Singh and Amandeep Kumar alias Amni, all of them being accused in F.I.R. No. 67 dated 25.8.2017 for offences under Sections 436, 511, 427, 148, 149, 188, 120-B IPC, Sections 3, 4 of the Prevention of Damages to Public Property Act, 1984 and Sections 3, 4 of the Explosive Substances Act, 1908 added later on registered with Police Station Jaurkian, District Mansa. Briefly stated the facts of the case as per the prosecution story are that F.I.R. in this case was registered on the basis of statement of complainant Ajit Singh son of Naranjan Singh, Jat Sikh resident of village Banawali, aged about 66 years, an ex Sarpanch of his village and proprietor of HR Petro Care Petrol Pump of Hindustan Petroleum company installed at village Mansa Talwandi main road in village Banawali. In the statement made by the

complainant to the police, he has stated that on 25.8.2017 at about 4.00 P.M., 8/10 persons driving 4/5 motorcycles came from village Talwandi Aklia side and they started damaging his Petrol Pump by raising noise that their Guru Sant Gurmit Ram Rahim Singh had been convicted in a case by the Court at Panchkula and for that reason they would put on fire Petrol Pump of the complainant with some inflammable material contained in several bottles brought by them by litting/igniting those in his presence. However, on lalkara raised by the complainant and other people present there, those persons fled on their motorcycles along with their weapons.

After registration of the F.I.R., the matter was investigated. Petitioner no. 1 Gurmeet Singh alias Babbu was arrested on 25.9.2017, petitioner no. 2 Sukhmander Singh alias Mander Singh was arrested on 25.9.2017, petitioner no. 3 Iqbal Singh alias Buta was arrested on 27.8.2017, petitioner no. 4 Kuldeep Singh alias Gosha was arrested on 27.8.2017, petitioner no. 5 Sukhpal Singh was arrested on 29.8.2017, petitioner no. 6 Balkaran Singh was arrested on 8.9.2017, petitioner no. 7 Manjit Singh was arrested on 11.9.2017 and petitioner no. 8 Amandeep Kumar alias Amni was arrested on 13.9.2017. Petitioners had approached the Courts below for grant of regular bail but such plea was rejected as such they have knocked the door of this Court for similar relief by filing the present petition. I have heard learned counsel for the petitioner, learned State counsel besides going through the record.

As stated by the State counsel, no damage had been caused to the public property of the complainant or any other property of any other person or the public property.

The trial is likely to take some time. Further detention of the

petitioner shall not serve any purpose. Therefore, keeping in view the facts and circumstances of the case, I find that it would be in fitness of things if the present petition is allowed. The petitioners are ordered to be released on bail on furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Mansa subject to the following conditions : - (i) they shall appear in the Court on each and every date of hearing.

(ii) they shall not give any threat or intimidation to the prosecution witnesses.

(iii) they shall not leave India without prior permission of the Court.

(iv) They shall surrender their Passports in the Court otherwise furnish affidavits.

In addition to that the trial Court may impose any term and condition found suitable to ensure that the petitioners do not abscond and interfere in the trial.

In case the petitioners violates any term and condition on which the bail has been granted to them, the order shall be liable to be withdrawn. (H.S. MADAAN) JUDGE February 20, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No