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2023 DIGILAW 3367 (PNJ)

Kuldeep Singh @ Heera v. State of Punjab

2023-12-11

DEEPAK GUPTA

body2023
JUDGMENT Mr. Deepak Gupta, J. In the two petitions titled above, both filed under Sections 439 Cr.P.C., petitioners have prayed for their release by way of grant of regular bail in case FIR No.20 dated 14.02.2022, registered at Police Station Subhanpur, District Kapurthala, under Sections 302, 307, 341, 427, 201, 148 and 149 of IPC. 2. FIR was lodged on the statement of Amandeep Singh S/o Harpreet Singh, as per which on 14.02.2022, he had gone to attend the wedding of a co-villager Sukhvir Singh. At about 4.30 p.m., he noticed two boys, namely, Rohit and Lovepreet being beaten by three other boys, namely Manpreet, Jashan and Balraj and one more boy of village Bamuwal (later on identified as Malkit Singh). As complainant asked them not to fight as wedding was getting spoiled, Jashan, Manpreet and Balraj hit iron kadas (bracelets) on his head. He telephonically called his uncle Manpreet Singh @ Whisky (deceased), who came in his Maruti car and took him along with Rohit and Lovepreet to the hospital. However, on the way near Nadala chowk, Balraj, Manpreet @ Manna, Jashan @ Neri (petitioner in CRM-M-34361-2023), Malkiat singh @ Landi, Heera (petitioner in CRM-M-33423-2023), Karan and some unknown boys waylaid them and surrounded the car. They were wearing iron bracelets and broke the glass of the car and brought them outside the car and started beating them with iron kadas. It was further stated that Balraj Singh and Heera started beating his uncle Manpreet Singh @ Whisky. Balraj Singh with full force gave a blow with iron kada on the left cheek of his uncle under the eye, due to which he became unconscious. All the assailants started kicking him, threw him on the ground and attacked him with iron kadas. Balraj and Heera also gave blows on his head with iron kadas and Karan gave beatings to him, whereas Manpreet Singh twisted the little finger on his hand, which was broken. They also gave beatings to Rohit and Lovepreet. They raised alarm. People gathered and assailants fled away. 3. Manpreet Singh @ Whisky expired during treatment. Necessary investigation was carried out, during which statements of injured were recorded. During investigation, postmortem of deceased Manpreet Singh @ Whisky was conducted at Civil Hospital, Kapurthala, which revealed four injuries on his person. They also gave beatings to Rohit and Lovepreet. They raised alarm. People gathered and assailants fled away. 3. Manpreet Singh @ Whisky expired during treatment. Necessary investigation was carried out, during which statements of injured were recorded. During investigation, postmortem of deceased Manpreet Singh @ Whisky was conducted at Civil Hospital, Kapurthala, which revealed four injuries on his person. One injury was found on the person of injured Rohit, as per the medico legal report; whereas two injuries were found on the person of injured Lovepreet. 4. Co-accused Balraj was arrested on 16.02.2022 and recovery of iron kada was effected from him. On the basis of an application moved by mother of said Balraj, he was medico legally examined and his MLR revealed two injuries on his person, which were declared simple and vide DDR No.23 dated 21.02.2022, cross version of the FIR was recorded under Sections 323, 341, 506, 148 and 149 of IPC. In the supplementary statement made by complainant Amandeep on 20.02.2022, he named Malkit Singh to be one of the assailants. Accused Jashanpreet Singh (petitioner in CRM-M-34361-2023) was apprehended on 21.02.2022 and on the basis of disclosure statement suffered by him, an iron kada was recovered. Accused Kuldeep Singh @ Heera (petitioner in CRM-M- 33423-2023) was apprehended on 28.02.2022. 5. It is contended by learned counsel on behalf of both the petitioners that they have been falsely implicated; that co-accused Malkit Singh and Karandeep Singh @ Karan have already been allowed bail by this Court vide order dated 11.04.2023 passed in CRM-M-56777-2022; and order dated 01.05.2023 passed in CRM-M-11576-2023 (O&M) respectively (Annexures P-2 and P-3 in CRM-M-34361-2023). It is further submitted that the petitioners are in custody for the last more than 01 year and 09 months. Learned counsel further contend that no specific role is attributed to the petitioners either to the deceased or any of the injured and that fatal injury to deceased Manpreet Singh @ Whisky is attributed to Balraj and so, in these circumstances, petitioners deserve to be granted the benefit of regular bail. 6. Opposing the petitions, learned State counsel ably assisted by learned counsel for the complainant has pointed out towards the role played by both the petitioners in the occurrence, who assaulted the deceased and the other injured while prosecuting their common object. 6. Opposing the petitions, learned State counsel ably assisted by learned counsel for the complainant has pointed out towards the role played by both the petitioners in the occurrence, who assaulted the deceased and the other injured while prosecuting their common object. It is also pointed out that both the petitioners are specifically named in the FIR to be amongst assailants and they do not deserve to be given the benefit of bail. 7. I have considered submissions of both the sides and have appraised the record carefully. 8. As the status report filed by the respondent-State would reveal that FIR narrates about two occurrences. In the first occurrence, petitioner Jashanpreet Singh along with Manpreet, Balraj and an unknown person (later on identified as Malkit Singh) are alleged to have attacked complainant Amandeep and gave injuries to him; whereas in the second occurrence, Balraj along with Manpreet @ Manna, Jashanpreet, Malkit Singh @ Landi, Heera, Karan along with unknown persons are alleged to have waylaid the car of the complainant party, broke the glass thereof, brought the complainant party outside the car and started beating them with iron bracelets. There is specific attribution to co-accused Balraj to have given fatal injury to Manpreet Singh @ Whisky with an iron bracelet, which he hit on his cheek under the eye. Although, Kuldeep Singh @ Heera (petitioner in CRM-M-33423-2023) is also alleged to have joined Balraj in beating deceased Manpreet Singh @ Whisky, but as far as fatal blow is concerned, it is alleged to have been given by Balraj. Specific role of petitioner Jashanpreet Singh is not given in the second occurrence. 9. Co-accused Karandeep Singh @ Karan, who is alleged to have participated in the second occurrence; and Malkit Singh, have already been allowed regular bail by this Court. Petitioner Jashanpreet Singh is in custody since 21.02.2022; whereas petitioner Kuldeep Singh @ Heera is in custody since 28.02.2022, which means that both the petitioners are in custody for the last more than 01 year and 09 months. Although, the final report under Section 173 Cr.P.C. was presented against the petitioners and co-accused and charges were framed, but the case is fixed for appearance of co-accused Manpreet Singh @ Manna, who has been summoned under Section 319 Cr.P.C., as per status report and thus, it is evident that trial may take time to conclude. 10. Although, the final report under Section 173 Cr.P.C. was presented against the petitioners and co-accused and charges were framed, but the case is fixed for appearance of co-accused Manpreet Singh @ Manna, who has been summoned under Section 319 Cr.P.C., as per status report and thus, it is evident that trial may take time to conclude. 10. Having regard to all the afore-said facts and circumstances of the case, but without commenting anything further on the merits of the case, both the petitions are allowed. Petitioners are admitted to bail. They are ordered to be released on their furnishing bail bonds and surety bonds to the satisfaction of learned Trial Court/Duty Magistrate concerned. Photocopy of this order be placed on the connected case file.