Punjab-Haryana High Court
Ravinder Singh @ Joban vs State Of Punjab on 25 April, 2023
Neutral Citation No:=2023:PHHC:061066
220
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
CRM-M-57944-2022 (O&M)
Date of decision: 25.04.2023
RAVINDER SINGH @ JOBAN ...Petitioner
Versus
STATE OF PUNJAB ...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER
Present : Mr.Vipin Mahajan, Advocate
for the petitioner.
Mr. Subhash Godara, Addl. A.G., Punjab.
HARSH BUNGER, J.
Petitioner has filed the present petition under Section 439 of
the Code of Criminal Procedure (in short "Cr.P.C.") for grant of regular
bail in case FIR No.20 dated 21.03.2020, registered under Sections 302,
323, 452, 201, 148 and 149 read with Section 34 of the Indian Penal
Code (charges framed under Sections 450, 302, 323 and 201 IPC) at
Police Station RangarNangal, Police District Batala, District Gurdaspur,
Punjab.
2. Upon issuance of notice of motion in this case, status report
by way of an affidavit of Sh. Gurinderbir Singh, PPS, Deputy
Superintendent of Police, Sub Division Sri Hargobindpur, Police District
Batala, on behalf of respondent-State of Punjab, has been filed, which is
already on record.
3. Custody certificate dated 21.03.2023 of the petitioner has
been filed by learned State Counsel in the Court today, which is taken on
record, subject to all just exceptions.
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4. Briefly, the above-said case FIR was registered on the
statement of one Sandeep Singh son of Sukhraj Singh, who stated that he
is an agriculturist by profession and was married about four years ago
with one Kanwaljit Kaur daughter of Amrik Singh resident of Babbowal,
Police Station KathuNangaland out of the said wedlock, he has two
daughters. It is stated in the complaint that he and his father, both are
habitual drinkers and they consume liquor daily and on this account, his
brother-in-law Harminder Singh son of Amrik Singh, used to get annoyed
and he used to stop them from consuming liquor. It is alleged that
Harminder Singh (brother-in-law of the complainant) used to beat the
complainant as well as his father but he and his father were helpless
because of this habit and could not resist from consuming liquor. It is
stated in the complaint that on 20.03.2020, at about 9:00 p.m., the
complainant and his father Sukhraj Singh along with his mother Paramjit
Kaur and his wife Kanwaljit Kaur, were present in the house and their
outer gate was open and the light bulb was also glowing in the courtyard,
when his brother-in-law Harminder Singh, armed with handle of spade
along with three-four un-known persons, which he stated that he could
identify upon seeing them; armed with hockeys, entered their house.
Thereafter, his brother-in-law raised lalkara to catch hold of them
(complainant and his father) and teach them a lesson for consuming
liquor, whereupon Harminder Singh gave a spade blow to his father and
in order to save himself, he raised his left hand; accordingly, the blow hit
on his left wrist. It is further alleged that the accomplices of his brother-
in-law, who hit his father and made him to fall on the ground and when
the complainant came forward to save his father then he was also pushed
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on the ground and were given beatings with their respective weapons;
resultantly, the complainant suffered injuries on the eye-brow of his left
eye and waist, whereas, his father sustained injuries on his left eye and on
right and left legs and also on his backside. It is further stated that when
the assailants were giving beatings, then the complainant's mother and
his wife ran away out of fear and all of them did not return back to the
house due to fear. It is also stated that on 21.03.2020, at about 12:00
noon, the complainant along with his mother reached back home and
then they saw that the father of the complainant was lying in the
courtyard and he was dead. It is alleged by the complainant that his father
died due to the beatings given by his brother-in-law and his friends and
the reason for this is stated to be that his brother-in-law used to stop them
from consuming liquor. Accordingly, the above-said case FIR was
registered.
5. Learned counsel for the petitioner submitted that the
petitioner is innocent and has been falsely implicated in the present case.
He submitted that the petitioner was not named in the FIR; however, he
was nominated as an accused on the basis of disclosure statement made
by accused--Harminder Singh vide GD No.20 dated 04.04.2020.
Learned counsel for the petitioner has referred to the disclosure statement
(Annexure P-2), which reads as under :-
" that on 20.03.2020 around 7/7:30 pm., I and
my maternal aunt's son Resham Singh s/o Baldev Singh
caste Jatt r/o Babowal were present at Gurudwara
Sahib of our village where in Gurudwara Sahib my
uncle Baldev Singh had organized Akhand Path for the
well being of his grandson. My sister Kanwaljit Kaur
w/o Sandeep Singh r/o Jahadpur called me and told
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that her husband Sandeep Singh and her father-in-law
Sukhraj Singh today again after consuming liquor are
uttering non-sense to her. On which I told to my cousin
brother Resham Singh son of Baldev Singh caste Jatt
r/o Babowal who called his friends. One of them was
Joban r/o Tahli Sahib who was having Zen Car and two
more boys whom my cousin brother knew came there
and we all 5 people went to the house of my sister
Kanwaljit Kaur in Village Jahadpur in the car. We were
having spade handle and hockeys in the car. When we
reached my sister's house we saw that in the house my
sister's husband Sandeep Singh and his father Sukhraj
Singh were in drunkard condition and were uttering
bad words. I along with Resham Singh both entered
Sandeep Singh's house. Remaining three friends were
outside the house sitting in the car. I and Resham Singh
gave injuries to Sandeep Singh's father Sukhraj Singh. I
with handle of spade gave injuries on the head of
Sukhraj Singh which he fell on the ground and to save
him Sandeep Singh came forward and then I and
Resham Singh gave injuries to Sandeep Singh also and
Sandeep Singh ran away from spot and his father
Sukhraj Singh fell on the ground and became
unconscious. Then my sister and her mother in law also
ran away from house. I have hidden my weapon under
the husk kept in one corner of the cattle shed in my
house about which only I know and I can get the same
recovered by demarcation."
6. Learned counsel for the petitioner while referring to the said
disclosure statement submitted that no role has been attributed to the
present petitioner; rather the only statement given was that the petitioner
had a `Zen car' and Harminder Singh along with his cousinResham
Singh, the present petitioner and two other persons, went to the house of
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the complainant in his car and only Harminder Singh and Resham Singh,
had gone inside the house, whereas, the remaining three persons were
outside the house, sitting in the car.
7. Learned counsel for the petitioner submitted that the
petitioner along with one Resham Singh were declared as proclaimed
offender vide order dated 17.11.2020 passed by learned Sub Divisional
Judicial Magistrate, Batala and the petitioner was arrested on 01.12.2021.
Learned counsel has further submitted that the trial against main accused
Harminder Singh, proceeded; however, the complainant did not support
the prosecution case. Learned counsel has referred to the statement of
complainant recorded during trial, the relevant extract of which reads as
under :-
" It is wrong to suggest that on 20.03.2020 at
about 9:00 pm in the area of Village Jahadpur, PS
Rangar Nangal accused person in Court Harminder
Singh alongwith his co-accused Resham Singh son of
Baldev Singh resident of Babowal and Joban @
Ravinder Singh son of Avtar Singh resident of Tahli
Sahib, PS Mattewal (both PO) were committed house
trespass had committed the murder of my father Sukhraj
Singh son of Mukhtar Singh by causing injuries to them
with spade handle and hockeys or that I had witness the
whole occurrence or that they had also caused injuries
to me with spade handle and hockey. It is wrong to
suggest that I am resiling from my earlier statement
made to the police or being won over by the accused
present in court or to save the accused as he is my
brother-in-law."
8. Learned counsel for the petitioner contended that main
accused Harminder Singh was acquitted of the charges framed against
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him vide judgment dated 28.01.2022 passed by learned Additional
Sessions Judge, Gurdaspur, by observing as under :-
"18. In the light of what is discussed above
and without elaborating further, it is evident that the
prosecution has not been able to connect the accused with
the alleged offence, at least, beyond shadow of reasonable
doubt, for which, accused has been charge sheeted.
Consequently, by giving benefit of doubt, the accused is
acquitted of the charges levelled against him. The accused
stands discharged from bail bonds/surety bonds. Case
property, if any, be dealt with as per rules, after expiry of
period of appeal if any. File be consigned to the record
room. File shall be taken up again as and when accused
persons namely Resham Singh and Joban @ Ravinder
Singh who were declared as proclaimed offenders vide
order dated 17.11.2020 shall be arrested or surrendered
before the court."
9. Learned counsel for the petitioner submitted that the
petitioner is innocent and even considering the entire material available
on the record, no offence is made out against him and neither any role
nor any injury has been attributed to the petitioner; either to the
complainant or his father. He submits that there is no incriminating
material against the petitioner and even otherwise, the main accused
already stands acquitted.It is submitted that the petitioner has been in
custody since 01.12.2021; the challan has already been presented against
him; charge has been framed against the petitioner and the trial is likely
to take long time and no useful purpose would be served by keeping him
in custody for indefinite period. Learned counsel for the petitioner
submits that the petitioner is ready to abide by all the conditions as may
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be imposed by this Court or by the trial Court; accordingly, prayer for
grant of regular bail is made.
10. Per contra, learned State counsel has opposed the present
petition for grant of regular bail to the petitioner on the ground of
seriousness and gravity of offence inasmuch as that the case is registered
under Section 302 of the Indian Penal Code along with other relevant
sections. It is further submitted that the petitioner was declared as a
proclaimed offender and he stayed away from the trial; hence, he is not
entitled to the concession of regular bail. However, learned State counsel
has not disputed the fact that main accused-Harminder Singh already
stands acquitted. It is also not disputed that the challan against the present
petitioner already stands submitted and charge has also been framed. It is
further not disputed that the petitioner has been in custody since
01.12.2021.
11. I have heard learned counsel for the parties and perused the
paper book as well as the status report and custody certificate of
petitioner filed by learned State counsel.
12. In this case, concededly the petitioner was not named in the
FIR; however, he was nominated as an accused subsequently on the basis
of disclosure statement of main accused-Harminder Singh, vide G.D.
No.20 dated 04.04.2020. The petitioner was declared as a proclaimed
offender vide order dated 17.11.2020 (Annexure P-3) passed by learned
Sub Divisional Judicial Magistrate, Batalaand he was arrested on
01.12.2021 and since then, he has been in custody.
13. From the perusal of the paper book, it appears that the only
allegation against the petitioner is that he along with other co-accused
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had gone to the house of the complainant in his `ZEN car' and even as
per the disclosure statement of Harminder Singh, no overt act has been
attributed to the petitioner. The petitioner is stated to be sitting in the car,
outside the house. Concededly, the main accused-Harminder Singh
already stands acquitted vide judgment dated 28.01.2022 (Annexure P-5)
passed by learned Additional Sessions Judge, Gurdaspur.
14. So far as the trial against the petitioner is concerned,
admittedly the challan already stands presented and charge has been
framed against the petitioner. The petitioner has been in custody for the
last more than 01 year 03 months and 18 days as on 21.03.2023; the trial
is likely to take some time to conclude.
15. Keeping in view the afore-mentioned facts and
circumstances, the instant petition is allowed and the petitioner is ordered
to be released on regular bail subject to his furnishing heavy bail/surety
bonds to the satisfaction of the Illaqa Magistrate / Duty Magistrate / trial
Court concerned.
16. However, before release, the concerned Station House
Officer be informed and the petitioner shall inform the concerned Station
House Officer about his address at which he intends to reside during the
pendency of the case and any change in the address shall be
communicated to the concerned Station House Officer, forthwith. The
petitioner would furnish his telephone number to the concerned Station
House Officer and would keep his mobile location on. Petitioner would
also furnish an undertaking to the effect that he will not indulge in any
illegal activity. Petitioner shall appear before the police station concerned
on every alternate Monday till the conclusion of trial in this case and
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every time inform in writing that he is not involved in any other crime
other than the case(s) mentioned in the present order.
17. In addition, the petitioner (or anyone on his behalf) shall
prepare an FDR in the sum of Rs.1,00,000/- and deposit the same with
the trial Court. The same would be liable to be forfeited as per law, in
case of absence of the petitioner from trial without sufficient cause.
18. Nothing expressed here-in-above shall be construed to be an
observation on merits of the case and the facts and circumstances
recorded above are only for consideration of the prayer for bail at this
stage.
19. The petition is accordingly disposed of.
April 25th, 2023 (HARSH BUNGER)
gurpreet JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
Neutral Citation No:=2023:PHHC:061066
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