Hardev Singh v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DATE OF DECISION :- March 27, 2018 Hardev Singh @ Laddi Shah @ Laddi Sadh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. H.S. Batth, Advocate for the petitioner.
Mr. Ramandeep Sandhu, Sr. DAG, Punjab.
*** This petition for regular bail has been filed by petitioner Hardev Singh @ Laddi Shah @ Laddi Sadh, an accused in F.I.R. No. 261 dated 18.11.2017 for offences under Sections 307, 341, 506, 34 IPC and Sections 25 and 27 of the Arms Act registered with Police Station City Tarn Taran, District Tarn Taran.
Briefly stated the facts of the case as per prosecution story are that on 17.11.2017 at about 4.30 P.M., complainant Bikramjit Singh son of Lakhbir Singh resident of But, Police Station Chatiwind, District Amritsar Rural along with cousin brother Jobanjit Singh, Balwinder Singh @ Bai son of Harbans Singh and Gurpreet were present nearby Bus Stand Daburji. In the meanwhile, Surjan Singh son of Late Gurmej Singh along with Hardev Singh @ Laddi Shah @ Laddi Sadh (present petitioner) came there and
Surjan Singh started abusing Jobanjit Singh. Hardev Singh @ Laddi Shah @ Laddi Sadh also started abusing the complainant and persons present along with him. Hardev Singh @ Laddi Shah @ Laddi Sadh raised lalkara (exhortation)that Surjan Singh should teach a lesson to Jobanjit Singh for affecting their business of sale of heroin in the area. Surjan Singh took out a pistol and pointed out towards Jobanjit Singh with an intention to kill him. Complainant and his associates tried to save them. Surjan Singh fired a shot from his pistol aiming at Jobanjit Singh. The bullet grazed past right thigh of the complainant. The second shot fired by Surjan Singh was aimed at complainant and his other associates but that crossed over their heads. Thereafter Surjan Singh and Hardev Singh @ Laddi Shah @ Laddi Sadh left the place while abusing them.
The injured complainant was moved to Civil Hospital, Tarn Taran where, on getting information the police came and recorded his statement on the basis of which formal F.I.R. was registered. Accused were arrested in this case in November, 2017. They had moved an application for regular bail to the Court of Sessions, which was assigned to Additional Sessions Judge, Tarn Taran, who vide order dated 18.1.2018 dismissed the said application, as such the petitioner has approached this Court for grant of similar relief. I have heard learned counsel for the petitioner and learned State counsel besides going through the record.
According to the prosecution story, it was petitioner who has exhorted his co-accused to open fire and his such conduct cannot be taken lightly.
A perusal of custody certificate filed by the State counsel goes to show that the petitioner is involved in two cases under NDPS Act which points out that he is engaged in drug trafficking. Though the present case is under various provisions of the Indian Penal Code and Arms Act but then considering the fact that petitioner has got a past criminal record, there is every possibility of his absconding and trying to tamper with the prosecution evidence, if released on bail and further more there is every possibility that he may come to the path of crime again. As such, no case for grant of regular bail is made out.
Therefore, the petition stands dismissed.
(H.S. MADAAN) JUDGE March 27, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No