Gurpreet Singh v. State Of Punjab

IN THE PUNJAB AND HARYANA HIGH COURT AT

CHANDIGARH Date of Decision: 13.12.2022 GURPREET SINGH ... Petitioner

VERSUS

STATE OF PUNJAB ... Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ. ****

Present:

Mr. Amit Choudhary, Advocate for the petitioner.

Mr. Vishnav Gandhi, DAG, Punjab.

**** VINOD S. BHARDWAJ, J. (ORAL) This is a second petition filed under Section 439 of Criminal Procedure Code, 1973 seeking grant of regular bail to the petitioner in a case arising out of FIR No.71 dated 28.05.2021 under Sections 212, 452, 307,302, 506, 323, 148 and 149 of the Indian Penal Code, 1860 registered at Police Station Sarhali, District Tarn Taran, Punjab. Briefly summarized the facts of the present case are that on 27.05.2021 at 9:30 AM complainant, alongwith his younger brother Kuldeep Singh aged about 30 years, was returning from the Bethak of Ex-Sarpanch Swaran Singh to his house on the motorcycle.







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Learned counsel for the petitioner contends that in the initial version, the petitioner was alleged to have dragged the complainant and his brother and had been attributed injuries by use of Dang. The petitioner herein was taken in to custody on 12.06.2021. Investigation in the case is complete and the challan/report under Section 173 of the Cr.P.C. has already been filed on 29.01.2022, as per which, the cause of death in the present case is "brain injuries" which are attributed to the other co-accused persons namely Gurjant Singh son of Sukhdev Singh, Angrej Singh son of Desa Singh, Manjeet Sihgh son of Santokh Singh and Daler Singh son of Soma Singh.

The petitioner is alleged to have only given the injuries with hungies of Dang. He contends that the petitioner is a young boy of 21 years and that he has been implicated falsely in the present case. He further contends that the petitioner has no criminal antecedents and he is in custody since 12.06.2021 i.e. for the last one and a half year.

-326 prosecution witnesses cited by the investigating agency, not even a single prosecution witness has been examined till date. As such, the trial of the case might a take long time to conclude.

Per contra learned State Counsel contends that the petitioner had actively participated alongwith 13 co-accused persons and had opened attacked on the deceased Kuldeep Singh, who succumbed to the injuries sustained in the said incident. He further contends that there were total three injuries on the person of the deceased.

The learned State Counsel, however, could not controvert the fact that no witness has been examined so far in the present case before the trial Court and that the fatal injuries are not attributed to the petitioner. Taking into consideration the circumstances noticed above such as the age of the petitioner, period of custody, the role attributed to him and also the fact that only three injuries are stated to have been found on the person of the deceased and as many as 14 persons have been nominated as accused, who had caused injuries with Dang blows and as per the concluded investigation of the prosecution, the fatal injuries are attributed to the other co-accused persons, I deem it appropriate to allow the present petition. Consequently, the petitioner herein is ordered to be released on bail subject to his furnishing adequate bail/surety bonds to the satisfaction of the Illaqa/Duty Magistrate concerned.

Petition stands allowed accordingly.

(VINOD S. BHARDWAJ) 13.12.2022 JUDGE rajender Whether speaking/reasoned : Yes/No Whether reportable : Yes/No