Baljit Singh v. State Of Punjab
Amritpal Singh was also passing from the lane at the same time. Sawinder Singh stopped his auto rickshaw in front of his son, whereafter he (Sawinder Singh) and his son Baljit Singh started abusing Amritpal Singh. He and his nephew Jasbir, sister-in-law Jatinder Kaur wife of Pranam Singh and uncle's son Keval Singh intervened to prevail over Sawinder Singh who started abusing them and a quarrel ensued. The clothes of his sister-in-law were torn. When Sawinder Singh's wife namely Kulvinder Kaur tried to stop them, Baljit Singh ran inside his house and came out whereafter he started firing bullets from his licensed pistol. One bullet passed close to him and another one hit Kulvinder Kaur wife of Sawinder Singh resident of Jhanjoti. Baljit Singh took his licensed pistol and tried to shoot his nephew who avoided the shot.
After firing, Baljit Singh ran away and fell down in the lane. Then, he again came back and intentionally tried to shoot Kewal Singh but he was saved as he was standing near electric metre box. After hearing sound of gunfire, people started gathering whereafter Baljit Singh threatened to kill everyone with his licensed pistol and ran away. They ran back into their house out of fear. Kulvinder Kaur's family took her to hospital for treatment.
3.
Learned counsel for the petitioners submits that it was a case of cross-version and petitioners had been falsely involved in the offence. A concocted story was made up by complainant Ravail Singh. In fact, complainant along with others came outside the house of petitioners and Amarjeet Singh fired a shot with his 32 bore pistol towards Kulvinder Kaur which hit her left shoulder whereafter all assailants ran away threatening Kulvinder Kaur and her family members. No cross case was registered as Ravail Singh was an influential person on which account Kulvinder Kaur wife of the petitioner filed a private complaint which was still pending
adjudication. Only one injury was found on the person of Ravail Singh which was simple in nature. The injury suffered by Kulvinder Kaur was declared dangerous to life, yet, the police did not take action against complainant Ravail Singh and others who inflicted the gunshot injury. Petitioners were both implicated in the false and fabricated case and the wrongdoers were left out by the police. Petitioner Baljit, who was attributed a gunshot injury, was behind bars for the last more than 9 months. No injury was attributed to petitioner-Sawinder Singh alias Savinder Singh who was behind bars with effect from 02.11.2025. The allegation of tearing clothes of Jatinder Kaur were also made up with the intention to entangle Sawinder Singh alias Savinder Singh. In the given circumstances, both petitioners deserved to be released on bail.
4.
Status reports by way of affidavit of Neeraj Kumar, PPS, DSP, Sub Division Rajasansi, Amritsar have been filed in both the petitions, which are taken on record.
5.
Learned State counsel has opposed the prayer for regular bail submitting that petitioners were not entitled to the concession of bail in view of the gravity of offences alleged. It is urged that in case of release on bail, they could misuse the concession by influencing prosecution witnesses. 6.
The gunshot injury declared dangerous to life, suffered by Kulvinder Kaur wife of Sawinder Singh, has been attributed to Baljit Singh. It is alleged that Ravail Singh was also shot but the shot passed close to him whereafter Baljit Singh tried to shoot his nephew Jasbir Singh. The injury suffered by Ravail Singh, as per his medico legal report, has been declared simple in nature. Version of Kulvinder Kaur, mother of the petitioner who suffered dangerous to life injury is that the gunshot was fired by Amarjeet Singh with the intention to kill her. In this regard, she has also filed a
criminal complaint under Sections 109, 126(2), 324(2), 324(4), 190, 191, 3(5) BNS and Section 25/54/59 Arms Act against Amarjeet Singh and others which is stated to be pending before learned JMIC, Amritsar. Learned State counsel concedes that statement of Kulvinder Kaur under Section 161 Cr.P.C. has not been recorded during the course of investigation of this case. 7.
As against Sawinder Singh the only role attributed to him is tearing the clothes of Jatinder Kaur during the course of the fight.
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