Punjab-Haryana High Court
Harjinder Singh Alias Jinder vs State Of Punjab And Another on 2 April, 2024
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
2024:PHHC:043782
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-8374-2024 (O&M)
Date of Decision: 02.04.2024
Harjinder Singh @ Jinder ...Petitioner
Versus
State of Punjab & another ...Respondents
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Harchand Singh Batth, Advocate, for the petitioner.
Mr. Gauravdeep Singh Dhaliwal, DAG, Punjab.
Mr. Gaurav Kalsi, Advocate, for the complainant.
FIR No. Dated Police Station Section/s
0134 10.10.2019 Mehta, District 307, 336, 148, 149 IPC and 25,
Amritsar 27 of the Arms Act
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in respect of aforementioned FIR.
2. The FIR in question was lodged at the instance of Sahib Singh, wherein it is alleged that on 10.10.2019, when he alongwith his friends including Amritpal Singh was playing Kabadi in the village ground, a scuffle took place between Amritpal Singh and Bikramjit Singh and thereafter said Bikramjit Singh left the spot. It is alleged that later, at about 6:00 PM, when complainant alongwith Amritpal Singh and other persons was still present in the ground, 7/8 persons including Navjot Singh @ Jota, Happy, VIMAL KUMAR 2024.04.02 15:58 I attest to the accuracy and integrity of this document CRM-M-8374-2024 (O&M) -2- Mehakpreet Singh, Harjinder Singh @ Judge, Simranjeet Singh and 2/3 unidentified persons came there on motor-cycles and while raising lalkara, they tried to catch hold Amritpal Singh. However, when the complainant came forward and tried to stop them, one of those persons fired from his pistol towards the complainant, which hit on the left thigh of the complainant as a result of which he fell down. It is alleged that when he (complainant) raised alarm, all the assailants ran away from the spot with their respective weapons on their motor-cycles by firing shots in the air.
3. Learned counsel for the petitioner submitted that he has falsely been implicated in the present case and that as a matter of fact, identically situated co-accused, namely, Mehakdeep Singh, Navjot Singh @ Jot and Ajay @ Ajju Masih, who had already faced trial, stand acquitted vide judgment dated 06.01.2024, wherein the complainant and other material witnesses did not support the case of the prosecution at all.
4. The aforesaid position regarding acquittal of identically situated co-
accused is not disputed either by the learned State counsel as well as learned counsel representing the complainant. It has, however, been informed by learned State counsel that the petitioner as on date has been behind bars since the last about 3 years & 19 days and that he is not involved in any other case.
5. Having regard to the aforestated position, wherein identically situated co-
accused already stand acquitted on account of the complainant not having supported the prosecution version and the fact that the petitioner has been VIMAL KUMAR 2024.04.02 15:58 I attest to the accuracy and integrity of this document CRM-M-8374-2024 (O&M) -3- behind bars since the last more than 3 years and otherwise has a clean record, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
02.04.2024 (GURVINDER SINGH GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
VIMAL KUMAR
2024.04.02 15:58
I attest to the accuracy and
integrity of this document