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2012 DIGILAW 833 (PNJ)

Ranjit Singh @ Jeet v. State of Punjab

2012-07-03

MEHINDER SINGH SULLAR

body2012
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - Petitioner Ranjit Singh alias Jeet, has directed the instant application for the grant of anticipatory bail in a case registered against him alongwith his other co-accused, namely, Resham Singh, his wife Bakhso, sons Lakhbir, Gurmaij, Manna son of Faqir Chand, Jit, Disha sons of Nek, Kulwinder & Kulbir Singh sons of Sindi, Raj daughter of Kulbir Singh and Kiran, daughter of Gurmej, vide FIR No.36 dated 25.2.2010 (Annexure P1), on accusation of having committed the offence punishable under section 307 read with Section 149 IPC (subsequently the offence under section 302 IPC was added) by the police of Police Station Shahkot, District Jalandhar, invoking the provisions of section 438 Cr.PC. 2. Concisely, the prosecution case, emanating from the statement of complainant Anju (since deceased) is that on 24.2.2010, she was present in her house, wherein accused Resham Singh poured kerosene and Ranjit Singh alias Jeet (petitioner) handed over the match box to his mother Bhajno and then Bhajno set her on fire. Manna, husband of the deceased, was also with them. After one month of the occurrence, she died. 3. Levelling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that Resham Singh poured kerosene, whereas the petitioner handed over the match box to Bhajno, who set the complainant on fire, whereas other accused were stated to have abetted the commission of indicated offences. In the background of these allegations and in the wake of statement of the complainant, a criminal case was registered against the accused in the manner depicted here-in-above. 4. Notice of the application was issued to the State. 5. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present application deserves to be accepted in this context. 6. As is evident from the record, that a criminal case was registered against the accused under section 307 read with Section 149 IPC, which was subsequently converted into section 302 IPC. During the course of investigation, the police concluded that complainant Anju had lodged a false case and all the accused were declared innocent, vide report (Annexure P5). Subsequently, accused Resham Singh and Ranjit Singh (petitioner) were summoned by the trial Court under section 319 Cr.PC. 7. During the course of investigation, the police concluded that complainant Anju had lodged a false case and all the accused were declared innocent, vide report (Annexure P5). Subsequently, accused Resham Singh and Ranjit Singh (petitioner) were summoned by the trial Court under section 319 Cr.PC. 7. It is not a matter of dispute that Resham Singh, similarly situated coaccused of the petitioner, was allowed the concession of anticipatory bail by a Coordinate Bench of this Court (Jaswant Singh, J.), by means of CRM No. M- 11991 of 2011 decided on 4.5.2011 (Annexure P8). Moreover, Annexure P2 is a copy of compromise deed dated 17.2.2010, wherein the complainant had settled her matrimonial dispute. Not only that, she made the statement (Annexure P3) to the effect that she herself put her on fire due to her mental illness and even no family member or outsider is responsible for it. In this manner, since Resham Singh, similarly situated co-accused of the petitioner, has already been extended the benefit of anticipatory bail, vide order (Annexure P8), so, I do not see any reason not to grant the same concession to the present petitioner under the same set of circumstances. 8. In the light of aforesaid reasons, taking into consideration the totality of all facts and circumstances, emanating from the record, as indicated here-inabove and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the main case, the instant application for anticipatory bail is accepted. The petitioner is directed to appear/surrender. If he appears/surrenders within a period of ten days from today, then, the trial Court would admit him to bail on his furnishing bail and surety bonds to its satisfaction. 9. Needless to say that nothing recorded, here-in-above, would reflect, in any manner, on merits during the trial of the main case, as the same has been so observed for a limited purpose of deciding the present application in this relevant direction. ---------0.B.S.0------------