Lakhwinder Singh @ Lakha v. State Of Punjab
CRM-M-46311-2024
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Petitioner has filed instant 2nd petition under Section 483 of -$/:$,+4$, -+ -0 ! ; for grant of regular bail in FIR No.142 dated 06.05.2020 under Sections 302, 454, 380, 34 of IPC and subsequently challan has been filed under Sections 302, 450, 380, 201, 120B, 34, 376-D of IPC (Section 454 IPC has been deleted and Section 376-D, 120-B, 201, 450 of IPC added later-on) registered at Police Station Sadar, Amritsar, District Police Commissionerate, Amritsar. 2.
Facts of the case are complainant, Gurkirat Singh aged about
23 years gave his statement that he was doing job in Punjab Police Department, District Amritsar Rural. His father had already expired and his younger brother had gone to Canada for the last about 3 years. He was residing in the house along with his mother 'SK' On 06.05.2020 as per his routine, he went for his duty. At about 9 am, he received call from Manpreet Kaur daughter of maternal uncle that his mother was not picking up phone. Thereafter, he disclosed that may be battery of her mobile phone required recharge. His cousin called him at 5.45 pm that mobile phone of his mother is still switched off. Thereafter, he called his neighbour Sunny Pal Singh to go to his house and to check why mobile phone of his mother was switched off. After 10-15 minutes, he informed that he had noticed blood in lobby and outside the kitchen.
He collected people of the locality to see and in the meantime, complainant also reached there. They saw dead body of his mother 'SK' soaked in blood and her dupatta was tied around her neck. There were marks of injury on her body. Gold jewellery and cash amount were missing from the house. With these allegations, present FIR was registered. 3.
During investigation, name of accused persons cropped up namely Gurpreet Singh @ Gopi, Lakhwinder @ Lakha, Amritpal Singh @ Kaddu and Beant Singh @ Mithu. After completion of investigation, challan (Annexure P-6) was presented in the Court.
4.
Learned counsel representing petitioner pointed out that first regular bail application filed by petitioner was declined by learned Sessions Judge, Amritsar vide order dated 19.10.2020 (Annexure P-7). Thereafter, he
; filed regular bail in this High Court bearing CRM-M-65167-2023 which was dismissed as withdrawn as per order dated 16.04.2024 (Annexure P-10). There were no allegations against the petitioner initially at the time of registration of FIR. Petitioner was arrested int his case on 15.05.2020. Coaccused Gopi has been granted regular bail in CRM-M-35532-2024 vide order dated 31.07.2024 (Annexure P-9). Material witnesses have been recorded. He cannot be kept behind the bars for indefinite time period. Therefore, his regular bail application may be allowed. 5.
Detailed status report has been filed confirming the facts narrated in the FIR. Accused persons were nominated. From the possession of present petitioner one gold bangle, one kitchen knife used for the commission of offence and cash of Rs.6,000/- were recovered vide recovery memo dated 17.05.2020. Complainant as well as Gurdeep Singh examined during trial fully supported the prosecution case. Their testimonies are Annexures P-3 and P-5 respectively. Allegations are serious. Therefore, petitioner is not entitled to the concession of regular bail. 6.
I have considered the arguments and have gone through the record. Facts of the case indicate that when victim was alone in the house she was attacked, gang raped and murdered. There was robbery of cash amount and jewellery. Present petitioner along with other co-accused are connected with this offence during investigation. It is the case of prosecution that Beant Singh was hired for doing sanitary work by Gurdeep Singh. He was also engaged by the complainant. Complainant confirmed their role and
< established their identity. Allegations are serious in nature. Challan was presented and after framing of charges on 06.01.2021, prosecution evidence is going on.
7.
Considering the gravity of offence and the manner in which it has been committed, I do not find a fit case for grant of regular bail and the same is, accordingly, declined. However, petitioner is behind the bars since 15.05.2020, therefore, trial Court is directed to expedite the trial. = ' :6 .. 4 &&. 90 /0 '' & ' $' :./ >.. 8( 9 8( 9 8( 9 8( 9 !" ! # !" ! # !" ! # !" ! #
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