Punjab-Haryana High Court
Gurnam Singh vs State Of Punjab on 23 September, 2024
CRM-M-29068-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.285
Case No. : CRM-M-29068-2024
Decided On : September 23, 2024
Gurnam Singh .... Petitioner
vs.
State of Punjab .... Respondent
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. Ranbir Singh Sekhon, Advocate
for the petitioner.
Mr. Rajinder Singh Bhatta, DAG, Punjab.
Mr. Lakhan Paul Garg, Advocate
for Mr. Gurmeet Saini, Advocate
for the complainant.
* * *
GURBIR SINGH, J. :
1. Prayer in this petition filed under Section 439 Cr.P.C. is for
grant of regular bail to the petitioner in FIR No.183 dated 02.11.2021, under
Sections 302, 307, 148, 149, 447, 511, 120-B IPC, 1860 and Sections 25 and
27 of the Arms Act, 1950 (Section 450 IPC added later on), registered at
Police Station Sadar Ferozepur, District Ferozepur (Annexure P-1).
2. The FIR in question was registered at the instance of one
Mohinder Singh, eloborating therein about a long pending litigation between
the complainant party and accused persons. It was submitted that one
Bhagwan Singh and Jarnail Singh were having dispute over 36 marlas land.
Ultimately, Bhagwan Singh succeeded and took possession of the said land,
as per orders of this Court. Feeling jealous, Jarnail Singh was trying to take
revenge. Simultaneously, after winning the legal battle, Bhagwan Singh
sold the land to Waryam Singh, Gulzar Singh, Bakshish Singh
(complainant's son), Wassan Singh, Gurmej Singh, Satpal Singh, Kashmir
Singh and Lakhwinder Singh. However, Jarnail Singh and his brother-in-
law Gurdeep Singh were still trying to take forcible possession of said land.
So, they hatched conspiracy with two co-sharers of the said land, namely
Waryam Singh and Gulzar Singh. Under this conspiracy, Jarnail Singh and
his brother Amar Singh, along with his relatives Gurdeep Singh and Balvir
Singh, purchased 11 marlas of the said land in the name of their relative
Gurpreet Singh son of Surjit Singh and constructed a wall in their respective
share. Still they did not feel satisfied as they wanted to take possession of
the entire land, due to which, on 30.10.2021, in the night, the said wall was
dismantled in order to take possession of the remaining land. On coming to
know about the same, Panchayat was convened. It was further alleged that
on 02.11.2021, the complainant along with his sons Bakshish Singh and
Kabal Singh, Rishpal Singh, Gurmeet Singh, Sukhwinder Singh, Jang Singh
and Lakhwinder Singh reached outside the house of Jarnail Singh, near the
disputed land. The other relatives and Panchayat members were yet to reach
there. However, on seeing the complainant party, accused Jarnail Singh
armed with 12 bore rifle, his brother Amar Singh armed with 12 bore gun,
Joginder Singh armed with Dang, Surjit Singh @ Baggu armed with 12
bore, Gurpreet Singh son of Jarnail Singh armed with 315 bore, Gurnam
Singh (petitioner) armed with pistol, Harpreet Singh armed with 12 bore,
Gurdeep Singh armed with 12 bore, Jassu armed with 315 bore, Waryam
Singh armed with revolver and Gulzar Singh came out of the house of
Jarnail Singh, followed by Surjit Kaur, wife of Jarnail Singh, Sumitra Bai
wife of Gurdeep Singh and Paramjit Singh armed with hockey stick, Kalu
son of Amar Singh armed with kappa, Amar Singh's son armed with
barchha, Pritam Singh Ex. Member Panchayat, Gaggi son of Pritam Singh
armed with kirpan, Joginder Singh armed with 315 bore and Raju son of
Balvir also came out of house of Jarnail Singh, accompanied with 4-5
unidentified persons. They (complainant party) asked Jarnail Singh about
dismantling the wall. Gurbhajan Singh and Pritam Singh intervened and
raised lalkara, whereupon Waryam Singh fired shot from his revolver which
went above his head and thereafter, Gurpreet Singh fired shot from his 315
bore rifle, which hit head of his son Bakshish Singh. Jarnail Singh also fired
two shots from his 12 bore rifle, one of which hit the chest of his son Kabal
Singh and the other hit the abdomen of Rishpal Singh. In the meantime,
Malkit Singh fired shot from his 12 bore rifle, which hit in the face of Kabal
Singh. Harpreet Singh fired shot of 12 bore rifle, which hit in the stomach
of his son Bakshish Singh. They raised hue and cry and the assailants rushed
inside the house of Jarnail Singh. Pala son of Rattan Singh and Sunny son of
Iqbal Singh came in Swift car of red colour. Jarnail Singh, Harpreet Singh
and Gurdeep Singh boarded the car and thereafter, they all left the spot.
Kabal Singh and Bakshish Singh succumbed to the injuries and Rishpal
Singh was seriously injured.
3. Learned counsel for the petitioner has submitted that though the
petitioner was armed with pistol but as per the allegations, the petitioner did
not use his fire arm. He did not fire any shot. No injury is attributed to the
petitioner. The petitioner is in custody since 17.07.2022 and has already
spent considerable time in custody. His co-accused have already been
granted concession of regular bail by this Court. So, treating the petitioner's
case at par, he be also released on regular bail.
4. Status Report on behalf of respondent-State has already been
been placed on record. Learned State counsel, while referring to the Status
Report, has opposed the bail petition. He has submitted that the unlawful
assembly, of which the petitioner was also a member, has committed double
murder. The complainant has lost his two sons. The petitioner was also
armed with pistol at the time of occurrence, which was later on recovered
from him. He has however fairly submitted that the petitioner is behind bars
since 17.07.2022 and challan has already been presented. It has further been
contended that keeping in view the gravity of offence and serious allegations
levelled by the complainant, the petitioner does not deserve concession of
bail.
5. Heard.
6. As per the allegations, the petitioner was armed with pistol and
was a member of unlawful assembly. Neither he fired any shot nor any
injury is attributed to him. Challan is already presented against him. The
petitioner is in custody since 17.07.2022. His co-accused Gurdeep Singh,
Paramjit Singh, Amarjit Singh @ Amar Singh and Gurbhajan Singh have
already been granted regular bail by this Court. The weapon, which he was
carrying, is already recovered. Culpability of the petitioner shall be decided
during trial of the case. Out of 34 witnesses, only 02 are yet examined.
7. In view of the aforesaid facts and circumstances of the case,
since completion of trial will take a long time, no useful purpose would be
served by keeping the petitioner behind bars for a long time.
8. Accordingly, without commenting upon the merits of the case,
the present petition is allowed and the petitioner is directed to be released on
regular bail, on his furnishing bail bonds/surety bonds, to the satisfaction of
learned Trial Court/Duty Magistrate concerned. The petitioner shall also
abide by the following conditions :-
1. The petitioner shall surrender his
passport and shall not leave the country without
the prior permission of the Trial Court.
2. The petitioner shall give his mobile
number to the Trial Court and get the same
registered, on which SMS shall be received from
the CIS and shall not change his mobile number
during pendency of the case.
3. The petitioner shall not change his
residence without prior intimation to the
concerned Police Station and the Trial Court.
4. The petitioner shall appear before the
Trial Court on each and every date of hearing.
9. The Trial Court is at liberty to impose any other condition that it
may deem appropriate. It is further clarified that in case of default of any of
the conditions, the concerned Court is competent to cancel the bail granted
10. However, nothing observed herein above shall be construed to
be an expression of opinion on the merits of the case. The observations
recorded above are only for the purpose of deciding the present bail petition.
11. Pending applications, if any, shall stand disposed of along with
this judgment.
September 23, 2024 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
