Charanjit Singh And ANR v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-40417-2021 (O&M) Date of Decision:- 10.1.2022 Charanjit Singh and another ... Petitioners

Versus

State of Punjab ... Respondent (II) CRM-M-42076-2021 (O&M) Beant Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. L.S.Sekhon, Advocate, for the petitioners. Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Gursahib Singh.

(Proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J . (Oral) 1.

This order shall dispose of the above mentioned two petitions wherein petitioners Charanjit Singh, Lakhwinder Kaur and Beant Singh, seek grant of anticipatory bail in a case registered vide FIR

- 2 - No. 199, dated 9.9.2021, Police Station Canal Colony Bathinda, District Bathinda, under Sections 379, 336, 427, 506, 148, 149 IPC and Section 25, 27 of Arms Act.

2.

At the time of issuance of notice of motion in CRM-M-40417-2021 the following order was passed on 28.9.2021:

"The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.199 dated 9.9.2021 at Police Station Canal Colony, Bathinda under Sections 379, 336, 427, 506, 148, 149 of Indian Penal Code and Sections 25 and 27 of Arms Act.

The FIR was lodged at the instance of one Lakhwinder Singh @ Lakha, wherein he has alleged that his employer Arpit Goyal owns land measuring 5300 Sq.Yds. at Multania Road, Bathinda and that on 6.9.2021 his employer had sent him alongwith Gurdeep Singh @ Gita alongwith mason and labourers to construct a boundary wall on the said land. It is, however, alleged that while they were raising the construction on the land owned by Arpit Goyal, then Harshpreet Singh, Lakhwinder Kaur, Baljit Singh, Charanjit Singh, Sarabjit Kaur and Beant Singh alongwith 2-3 unidentified women and 7-8 unidentified persons came to the spot and while raising 'lalkaras' had issued threats to eliminate them. It is alleged that Beant Singh took out a pistol and fired shots while the remaining persons demolished the boundary wall and also took away their spades and other articles used for construction.

Learned counsel for the petitioners has submitted that the petitioners have falsely been

- 3 - implicated in the present case and that it is infact a case where petitioner No.2-Lakhwinder Kaur owns a plot measuring 527 Sq.Yds., which is adjacent to the plot owned by Arpit Goyal, who had been pressurizing petitioner No.2 to sell her plot to him as he wanted to raise a big showroom on the property owned by him as well as the property owned by petitioner No.2. It has been submitted that said Arpit Goyal is a man of means and with the help of Jaijit Singh Johal @ Jojo, who is brotherin-law of Ex. Finance Minister Shri Manpreet Singh Badal, has got the present FIR lodged falsely so as to pressurize the petitioners to sell the land in question to him.

Notice of motion for 10.1.2022.

Meanwhile, in the event of arrest, the petitioners be released on interim bail subject to their furnishing personal bonds and surety bonds to the satisfaction of Arresting/Investigating Officer. However, the petitioners shall join investigation as and when called upon to do so and cooperate with the Arresting/Investigating Officer and shall abide by the conditions as provided under Section 438(2) Cr.P.C." 3.

Even in the other case i.e. CRM-M-42076-2021, this Court while issuing notice of motion, ordered for grant of interim bail to the petitioner while directing him to join investigation vide order dated 7.10.2021.

4.

Learned State counsel, upon instructions from ASI Gursahib Singh, has informed that pursuant to interim directions, the petitioners have joined investigation and are not required for any custodial

- 4 - interrogation. It has further been informed that the petitioners are not wanted in any other case.

5.

In view of the aforestated position, particularly the fact that the petitioners have joined investigation, the petitions are accepted and the interim directions issued by this Court vide order dated 28.9.2021 and 7.10.2021 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 6.

A photocopy of this order be placed on the file of each connected case.

10.1.2022 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No