The prayer in this fourth petition under Section 483 of the
BNSS, 2023 is for the grant of regular bail in case FIR No.87 dated
20.10.2022 under Sections 406, 302, 396, 506, 342, 120-B, 201, 148 and
149 IPC and Section 25/54/59 of the Arms Act registered at Police Station
2. The present FIR came to be registered at the instance of
"Statement of Simranjit Kaur D/o Sukhdev Singh son of Bhajan
Singh, resident of Bhagat Ravi Dass Colony, Harike, aged
about 20 years, Mob. 8968217686, made a statement that I am
the resident of abovementioned address and I am 10+2 and we
are two brothers and sisters. My elder brother Karanjit Singh is
married to Baljinder Kaur daughter of Jasvir Singh, resident of
Pakhoke and was married in January 2022. My brother
Karanjit Singh had gone to Malesiya approximately 15 days
before, on last night my father Sukhdev Singh, who is retired
from Army and who is having 12 bore licensed rifle, we have
main gate of our house and we and my sister-in-law after eating
dinner went to sleep. My father Sukhdev Singh, who is found of
watching TV and he watches TV till late night. That on the last
night on 20.10.2022 at about 1:30/2:00 AM at night, three
unidentified persons, who had covered their faces with cloths,
who entered our house by scaling the main gate. Who walk me
up and pointed pistol on me and they took me and my sister-in
law Baljinder Kaur in the store and who after threatening us
with the pistol, told us that give us whatever is lying in the
house otherwise they will kill us. We got very scared and who
opened the box lying in the store and took away 12 bore rifle,
which was lying there alongwith two gold rings and they bolted
us in the store. After one hour, we broke the bold of store and
came out and we saw that my mother Rajbir Kaur, aged about
42 years, who was lying on the cot in verandah and my father
Sukhdev Singh who was watching TV in the lobby who was
sitting on the chair, they both were killed with sharp edge
weapons and both the hands of my father were tied with cloths
and his neck was tied with cloths with the chair and I checked
the almirah and found that Rs.30,000/- and three gold rings, in
total five gold rings, Rs.30,000/- cash and 12 bore rifle was
stolen after committing murder of my mother Rajbir Kaur and
father Sukhdev Singh. Then I called my uncle Angrej Singh @
Geji son of Sital Ram resident of Harike on phone and after
listening to our hue and cry, our neighbours also came and
after leaving my sister in law Baljinder Kaur and neighbors on
the spot with the dead bodies, I alongwith my uncle Salwinder
Singh son of Bhajan Singh came to report the matter and you
met me. I have given the statement and I am aggrieved. Legal
action be taken against three unknown persons, who were
carrying weapons and who entered our house and killed both
my mother and father and committed the 74 loot. Sd/- Simranjit
Kaur"
2. During the course of investigation, 31.10.2022, the statement of
Salwinder Singh son of Bhajan Singh was recorded to the effect that the
murder of his brother Sukhdev Singh and sister-in-law Rajbir Kaur was
committed by their daughter-in-law/Baljinder Kaur wife of Karanjit Singh
and daughter of Jasvir Singh, Mukhtiar Singh @ Mukha son of Major Singh,
Gurpartap Singh son of Darbara Singh, Jagroop Singh @ Rupa son of Mahal
Singh and Major Singh (petitioner) son of Ajit Singh. On the basis of the
said statement, Section 120-B IPC was added and all the persons were
nominated as accused.
On the same day, the statement of Major Singh son of Mangal
Singh was recorded to the effect that on 29.10.2022, after the Bhog
ceremony of the victims, Baljinder Kaur-daughter-in-law of the victims had
come to his house and confessed about the murder of her in-laws stating that
the other accused had committed the act at her instance.
On the same day, the statement of Daljit Singh @ Rinku was
recorded to the effect that on the intervening night of 19/20.10.2022, he had
seen Jagroop Singh @ Rupa, Mukhtiar Singh @ Mukha, Gurpartap Singh
coming on foot and on being asked, Mukhtiar Singh @ Mukha had disclosed
that his niece Baljinder Kaur was being harassed and tortured by her in-laws
because of which they had taught a lesson to her in-laws.
On 31.10.2022, the accused were arrested. Gurpartap Singh and
Major Singh got recovered a 12 bore gun alongwith cartridge roll, Jagroop
Singh and Mukhtiar Singh got recovered one kirch type khanjar (dagger)
which was stained with blood, an iron hook used for picking socks/jute bags
alongwith two pairs of anklets, one ladies watch and one gents watch.
3. The learned counsel for the petitioner contends that the
petitioner has been falsely implicated in the present case. There was no
admissible evidence inculpating the petitioner. As per the confessional
statement, the petitioner did not accompany the other accused when they
went to the house of the complainant and committed the murder of her in-
laws. The recovery of the weapon was shown from the petitioner to shore up
the prosecution case, though, the said fire-arm allegedly recovered was not
used in the commission of the offence. As the petitioner is in custody since
31.10.2022 but only 05 out of the 28 prosecution witnesses have been
examined so far, and the Trial of the present case was not likely to be
concluded anytime soon, therefore, he is entitled to the concession of bail.
4. The learned counsel for the State, on the other hand, contends
that it is a case of double murder wherein the parents of the complainant
have been brutally done to death at the instance of the accused. There is
sufficient circumstantial evidence by way of extra-judicial confessions, last
seen evidence and recoveries of weapons/stolen articles. The present bail
application of the petitioner is his fourth without any change in
circumstances. Merely because the petitioner has been in custody since
31.10.2022 does not entitle him to the concession of bail looking at the
serious nature of the allegations. He, however, concedes that only 05 out of
the 28 prosecution witnesses have been examined so far.
5. I have heard the learned counsel for the parties.
6. As per the case of the prosecution all the accused persons
brutally committed the murder of both the deceased at the instance of their
daughter-in-law, Baljinder Kaur. Pursuant to the arrest of the accused,
recoveries of weapons and stolen articles have been effected. There are
statements of witnesses before whom the accused made extra-judicial
confessions and there is evidence of motive as well. Therefore, keeping in
view the serious nature of the allegations, the petitioner is not entitled to the
concession of bail.
7. In view of the above discussion, I find no merit in the present
petition and the same stands dismissed.
(JASJIT SINGH BEDI)
28.04.2026 JUDGE
Kusum
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
