Punjab-Haryana High Court
Jashanpreet Singh@ Jashan vs State Of Punjab on 28 July, 2023
CRM-M-25281-2023 -1-
2023:PHHC:096413
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-25281-2023 (O&M)
Date of decision: 28.07.2023
Jashanpreet Singh @ Jashan
... Petitioner
Vs.
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN
Present: Mr. Nikhil Ghai, Advocate
for the petitioner.
Mr. Teevar Sharma, AAG, Punjab.
Mr. Pushpinder Kaushal, Advocate
for the complainant.
*******
ARVIND SINGH SANGWAN, J. (ORAL)
Prayer in this 2nd petition is for grant of regular bail in FIR No.69
dated 25.03.2019 under Sections 302, 323, 148, 149, 120-B IPC, registered at
Police Station Samrala, Police District Khanna, District Ludhiana; earlier one
was dismissed as not pressed on 23.05.2022.
Learned counsel for the petitioner relies upon the order dated
24.07.2023 passed in CRM-M-38781 & 40081-2022, vide which co-accused
Harmeet Singh @ Babbu and Jaspreet Singh @ Pitti have been granted the
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2023.07.28 15:08
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concession of regular bail, by passing the following order: -
"Counsel for the petitioners have submitted that the petitioners
are in custody for about 04 years and 03 months and only 01 PW
has been examined and thereafter, an application under Section
319 Cr.P.C., was filed for summoning 08 additional accused and
when the application was allowed, the aforesaid accused filed a
petition before this Court and the proceedings before the trial
Court is stayed. It is also submitted that certain incorrect facts
were noticed in the first order, dismissing the bail application as
in the affidavit of the Investigating Officer, a wrong statement was
made.
Brief facts of the case as noticed in the previous order dated
23.05.2022, are as under:-
"As per the allegations in the FIR registered at the instance
of Ravinder Singh @ Sonu aged about 38 years, it is stated
that he is an agriculturist and his mother Ranjit Kaur is
present Sarpanch of the village. In the election, Manjit
Kaur, previous Sarpanch, wife of Harjinder Singh lost the
election and, therefore, Harjinder Singh was nursing a
grudge with his family. Apart from this Gurpreet Singh @
Laddi r/o of Gehlewal, Police Station Samrala is not having
good terms and for a football tournament, a poster was
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pasted in the village, however, someone has torn the poster
on 24.3.2019. When complainant Ravinder Singh @ Sonu
along with his brother Gurpreet Singh @ Gura were coming
back from the fields and reached near the shop of Gurjit
Singh r/o Seh then Jashanpreet Singh @ Jashan Singh s/o
Harvinder Singh @ Gola, Harvinder Singh @ Gola, Nikku,
Amna, Binder, Babbu Panch (petitioner-Harmeet Singh @
Babbu), Gurmeet Singh, Vicky, Jagdip Singh @ Dhuchi,
Pitti (petitioner-Jaspreet Singh), Gurpreet Singh @ Goda,
Harjinder Singh and Simru were present and carrying sharp
edged weapons. They attacked on Gurpreet Singh @ Gura
with their respective weapons. Harvinder Singh @ Gola,
Simru and Nikku caused head injuries with sharped edged
weapons. In the meantime, his mother Ranjit Kaur came
there and raised voice and then the accused ran away on the
cars and motorcycles. The injured was taken to the hospital,
where he died."
Counsel for the petitioner - Harmeet Singh @ Babbu has
argued that though he is named in the FIR, however, he is not
having any criminal antecedents as it is incorrectly stated in the
aforesaid previous order dated 23.05.2022, declining the bail that
he was involved in 10 FIRs whereas the same were pending
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2023:PHHC:096413
against the complainant party.
On the last date, a specific direction was issued to the
Senior Superintendent of Police, Khanna, to file an affidavit
verifying this fact in which it is verified that inadvertently, it was
mentioned in the affidavit filed by the SHO, Police Station
Samrala, that the petitioner - Harmeet Singh @ Babbu is involved
in 10 FIRs whereas the said FIRs were registered against the
complainant Ravinder Singh @ Sonu. It is also submitted that the
petitioner is not having any criminal antecedents.
It is submitted that even as per the FIR, a specific allegation
is that 04 persons namely Jashanpreet, Harvinder Singh @ Golu,
Simran and Nikku, had attacked upon the deceased Gurpreet
Singh @ Gora, with their respective weapons.
Counsel for the petitioner has placed reliance upon the
post-mortem report to submit that all the injuries are incised
wound caused by sharp edged weapon whereas the petitioner was
carrying a wooden batten and no injury corresponding the same is
reflected in the post-mortem report, a photocopy of which is taken
on record as 'Mark X'.
Counsel for the petitioner has also submitted that one of the
ground for rejection of the bail application previously was that
subsequent to the present FIR, another FIR No.151 dated
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11.08.2020 under Sections 302, 120-B, 148, 149 read with Section
25 and 27 of the Arms Act, Police Station Samrala, was registered
against 07 persons namely Harjinder Singh @ Jinder, Kulvir
Singh @ Pompy, Balwinder Singh @ Binder, Amandeep Singh @
Aman, Bikram Singh @ Vicky, Harwinder Singh @ Gola and
Jagdeep Singh @ Dhuchi, for committing the murder of Ravinder
Singh @ Sonu (who is complainant in the present FIR).
Counsel for the petitioner has placed on record a judgment
dated 16.01.2023, passed by the Additional Sessions Judge,
Ludhiana, to submit that even in this FIR, out of 07 accused, 03
persons namely Harjinder Singh @ Jinder, Kulvir Singh @ Pompy
and Bikram Singh @ Vicky, were held guilty of committing the
crime whereas the other 04 accused were acquitted of the charges.
A photocopy of the said judgment dated 16.01.2023, is taken on
record as 'Mark A'.
It is also submitted that one of the co-accused namely
Bharpur @ Bhura, is also granted the concession of regular bail
considering the fact that he was in custody for the last more than
04 years and except PW-1, no other PW has been examined and
the right of speedy trial has been defeated.
Counsel for the petitioner has further contended that
initially 16 persons were nominated as accused, however, during
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the investigation, the police submitted the challan against 08
accused and rest of the 08 accused were summoned under Section
319 Cr.P.C., as noticed above and since this Court has stayed the
summoning of the rest of the accused, the trial is not proceeding.
Counsel for the petitioner - Jaspreet Singh @ Pitti, has
argued that the custody of the petitioner is more than 04 years and
04 months and even he is not named as a person, who has caused
injuries to the deceased and he was also shown to be carrying a
wooden batten. Counsel for the petitioner has additionally argued
that as per the statement of PW-1 Ranjit Kaur, the mother of the
deceased in examination-in-chief, she has identified 04 persons
namely Simarjit Singh @ Simru, Gurdeep Singh @ Niku,
Jashanpreet Singh @ Jashan and Harwinder Singh @ Gola, by
their names, however, she could not identify the other accused i.e.
the petitioners by their names.
Counsel for the petitioner has further submitted that this
witness has also stated that the 04 persons named above, have
directly caused injuries with their respective weapons. It is also
contended that after dismissal of the first bail application, a period
of about 01 year has passed and the trial is not proceeding as out
of 24 PWs, only 01 PW has been examined so far and thereafter,
the trial has been stayed when the application under Section 319
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2023:PHHC:096413
Cr.P.C., was allowed.
On the other hand, counsel for the State assisted by counsel
for the complainant has, however, opposed the prayer for bail. It is
submitted that as per the affidavit of the SHO, Police Station
Samrala, that both the petitioners were named in the FIR and the
motive was that the poster of football tournament were torn by
somebody and the accused persons thought, it is the deceased, who
has done and in order to take revenge, they have attacked the
deceased and committed his murder.
It is submitted that as per the post-mortem report, there are
09 injuries, which reflect incised wound on parietal area and
occipital region with fracture. It is also stated that subsequent to
registration of the FIR, the complainant Ravinder is also murdered
by the accused persons as noticed above.
Additionally, counsel for the complainant has argued that
the petitioner have committed a serious offence and the case of the
petitioner is distinguishable from Bharpur Singh @ Bhura, who
has been granted bail by the Co-ordinate Bench of this Court vide
order dated 26.05.2023 passed in CRM-M No.30468 of 2022, as
his role was distinguishable.
However, counsel for the State as well as counsel for the
complainant could not dispute that out of 24 PWs, only the
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examination-in-chief of the complainant Ranjit Kaur, is conducted
and the remaining witnesses are yet to be examined and as per the
Custody Certificates, both the petitioners are in custody for more
than 04 years and 03 months and they are not involved in any
other case.
It is also not disputed that in the subsequent FIR, the
petitioners were not named in the FIR, though, the father of one of
the petitioner has been named, however, he has been acquitted.
After hearing the counsel for the parties, without
commenting anything on merits of the case and in view of the
changed circumstances i.e. the petitioners are in custody for the
last more than 04 years and 03 months; the stage of the trial i.e.
out of 24 PWs, only the examination-in-chief of one of the PW has
been recorded; in a petition filed before this Court, challenging
the summoning of 08 additional accused, the proceedings of the
trial are stayed; even in the statement of PW-1, 04 co-accused are
identified by name whereas the petitioners are not identified by
their names, a matter which will be decided at the time of final
disposal of the trial and also in view of the fact that one of co-
accused of the petitioner has been subsequently granted the
concession of regular bail on account of his long custody and the
conclusion of the trial will take some time, both these petitions are
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allowed and the petitioners namely Harmeet Singh @ Babbu and
Jaspreet Singh @ Pitti, are directed to be released on bail subject
to their furnishing bail/surety bonds to the satisfaction of the trial
Court/Illaqa Magistrate/Duty Magistrate.
However, it will be open for the prosecution to apply for
cancellation of bail of the petitioners, in case they are found
involved in any other case or misusing the concession of bail, in
any manner."
Learned counsel submits that though petitioner Jashanpreet Singh
@ Jashan is named as one of four persons, who have caused injuries, however,
as per police investigation, he was carrying a wooden stick and it will be a
matter of trial as to whether any injury is attributed to him, in view of post-
mortem report, wherein almost all the injuries are referred to as incised wound.
It is further submitted that the petitioner is in custody for the last 04 years and
04 months and the trial is not proceeding further.
Learned State counsel, on instructions from ASI Baldev Singh, as
well as learned counsel for the complainant have not disputed the factual
position.
Learned counsel for the complainant though has argued that the
petitioner is one of the main accused, however, it is not disputed that he is not
an accused in second FIR.
After hearing learned counsel for the parties, without commenting
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anything on merits of the case and considering aforesaid facts and
circumstances of the case and long custody of the petitioner as well as stage of
the trial, this petition is allowed and the petitioner is directed to be released on
regular bail subject to furnishing his bail/surety bonds to the satisfaction of the
trial Court/Illaqa Magistrate/Duty Magistrate, concerned.
Petition is disposed of.
[ ARVIND SINGH SANGWAN ]
28.07.2023 JUDGE
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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