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2013 DIGILAW 254 (PNJ)

Gurjant Singh v. State of Punjab

2013-02-22

VIJENDER SINGH MALIK

body2013
JUDGMENT Mr. Vijender Singh Malik, J. (Oral) - Gurjant Singh and Saraj Singh, the petitioners seek regular bail in a case registered by way of FIR No. 39 dated 25.4.2012 at Police Station Kabarwala, District Sri Muktsar Sahib, for an offence punishable under sections 148, 302 read with section 149 IPC. 2. Learned counsel for the petitioners submits that the petitioners were empty handed at the spot. According to him, they even did not raise lalkara. He further submits that they are not related to the land in dispute between the parties or even to the participants of the occurrence. He further submits that the petitioners are only accused of catching hold of Shivraj Singh and they even did not give a single blow to him and none else has given blow to Shivraj Singh. According to him, the petitioners went to tehsil office only with the persons on the other side and they had no motive, whatsoever, to participate in the occurrence. He further submits that the petitioners are in custody for the last about ten months. He further submits that Pardhan Singh and Gurlal, similarly placed persons, who were alleged to have caught hold of complainant Gurpreet Singh, have been found innocent by the police. 3. Learned State counsel, on the other hand, submits that the two petitioners restricted the movements of Shivraj Singh who could come to the rescue of the deceased. According to him, for this reason, other persons caused injuries to Gurnam Singh deceased. 4. It is a case where Jarnail Singh, grand-father of the complainant wanted to favour his two sons by giving more land to them. When they were going to the tehsil office for the purpose, the complainant and others intervened and got the designs of Jarnail Singh and his sons frustrated, on account of which the complainant and others were attacked by the other side. The petitioners are admittedly not armed with anything. They even did not raise any lalkara. They are not related either to the land or to the other participants of the occurrence. On account of their catching hold of Shivraj Singh, Shivraj Singh was not given any blow by anyone. Similarly placed two persons named Pardhan Singh and Gurlal, who have caught hold of the complainant have been found innocent by the police. They are not related either to the land or to the other participants of the occurrence. On account of their catching hold of Shivraj Singh, Shivraj Singh was not given any blow by anyone. Similarly placed two persons named Pardhan Singh and Gurlal, who have caught hold of the complainant have been found innocent by the police. Keeping in view all these circumstances, the possibility of their false implication cannot be ignored altogether. This aspect has to be examined by the trial court after taking evidence. Keeping in view the fact that the petitioners are in custody for the last about ten months, I find them to be entitled to bail. Therefore, the petition is allowed and the petitioners are ordered to be released on bail on their furnishing a personal bond each in a sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of learned Chief Judicial Magistrate, Sri Muktsar Sahib.