Baldev Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision: 04.07.2017 PHG Baldev Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. G.S. Sandhu, Advocate for the petitioner.

Mr. Ajay Pal Singh Gill, DAG, Punjab.

Mr. R.S. Bains, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 125 dated 27.09.2014 registered for offences punishable under Sections 302, 148, 201, 120-B read with Section 149 of Indian Penal Code (for short, "IPC"); 25 of the Arms Act; and 3 (2 &5) and 4 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989, at Police Station Jamalpur, District Ludhiana.

Heard.

Learned State counsel submits that the petitioner was member of raiding party headed by SHO Manjinder Singh, which had gone to spot to apprehend Harinder Singh @ Lali and Jatinder Singh @ Goldy. There a scuffle took place and both Harinder Singh @ Lali and Jatinder Singh @ Goldy were shot dead at the spot by SHO Manjinder Singh, who fired shots after taking weapon of Gurjeet Singh.

-2Learned counsel for the petitioner submits that petitioner was though member of the raiding party, which had gone to the spot but he was not having any weapon with him. He was having only a danda and was sitting in gypsy. No specific role has been attributed to him in the FIR. It was a scuffle between Harinder Singh @ Lali and SHO Manjinder Singh. Initially Harinder Singh @ Lali snatched the weapon from Gurjeet Singh, which was again snatched from him by SHO Manjinder Singh. The petitioner was arrested 2 years 8 months and 28 days back. Learned counsel appearing for the complainant submits that in fact the petitioner and other members of police party in consultation with sarpanch of the village had hatched a conspiracy to murder Harinder Singh @ Lali and Jatinder Singh @ Goldy, as such, the petitioner is not entitled for bail at this juncture.

As to whether petitioner was one of the conspirators or had accompanied the police party under the leadership of SHO Manjinder Singh in furtherance of conspiracy to kill Harinder Singh @ Lali and Jatinder Singh @ Goldy, is a fact to be seen and scrutinized by the Court on the basis of evidence produced before it. He was a member of police party, which has gone to the spot and admittedly he was not having any weapon or participated in causing any injury to deceased. Keeping in view the fact that no specific role has been attributed to petitioner in the occurrence and facts and circumstances of the case but without expressing any opinion on merits of the case and taking into account the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Baldev Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the

-3satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

July 04, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No