Criminal Misc M-11153 of 2009 1
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IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Criminal Misc M-11153 of 2009
Date of decision: 4.5.2009
Hari Singh and ors ...Petitioners
Versus
State of Punjab ...Respondent
Present: Mr Naresh Kaushik, Advocate for the petitioners.
Mr Sudhir Nehra, Addl AG Punjab.
Mr GS Kaura, Advocate for the complainant.
S.S. SARON, J.
Learned counsel for the petitioners submits that this petition
qua Amrik Singh @ Meeka @ Gulli (petitioner-2) and Gurdev Singh
(petitioner-3) has become infructuous as they have been arrested. It is
further submitted that the other petitioners namely petitioners-1 and 4 to 7
are liable to be granted the concession of pre-arrest bail. Petitioner-6 –
Sajjan Singh @ Sunny, it is submitted, was taking his examination of
Punjabi Elective at Government Senior Secondary School, Sultanpur Lodhi
on 16.3.2009 from from 2 to 5 p.m. He has referred to the Certificate (P6)
issued by the Principal, Dr Ram Rakha Memorial Senior Secondary School,
Sidhwan Dona. Besides, he has referred to the date sheet (P7). It is
submitted that petitioners-1 and 4 to 7 belong to respectable families and
have been falsely implicated. It is submitted that Hari Singh (petitioner-1)
(who is 72 years of old) and Taranjit Singh @ Tarni (petitioner-4) were
Criminal Misc M-11153 of 2009 2
empty handed; Amandeep Singh @ Guggu (petitioner-5) and Sajjan Singh
@ Sunni (petitioner-6), it is alleged, were carrying baseballs. Besides,
Parwinder Singh @ Mangi (petitioner-7) was carrying a stick and only role
of beating is attributed to them. It is also submitted that it is a case of
cross-version.
In response, learned counsel for the State and the complainant
have submitted that petitioners-1 and 4 to 7 have inflicted 16 injuries on the
person of Bhupinder Singh – complainant. Besides, 7 injuries on the person
of Amrik Singh and 2 injuries on the person of Sukha. It is submitted that
the petitioners-5 and 6 were carrying baseball bats. It is submitted that even
though, petitioners-1 and 4 are stated to be empty handed, yet they caused
injuries with their hands. Petitioner-7 had also beaten the injured –
Bhupinder Singh, Amrik Singh and Sukha. The allegations that Sajjan
Singh (petitioner-6) was taking his examination are false inasmuch as his
photographs at the time of the occurrence are there in which he is very much
present. Learned counsel for the State has also submitted that petitioners-4
to 7 are habitual in indulging in these types of activities and case FIR 334
dated 7.11.2008 stands registered against them at PS Nakodar for the
offences under Sections 323, 324, 341, 427, 148/149 IPC. Therefore, they
are not entitled to the concession of pre-arrest bail.
I have given my thoughtful consideration to the contentions of
the learned counsel for the parties.
The FIR in the case has been registered on the statement of
Bhupinder Singh against 17 accused persons including the petitioners
whose names are mentioned in the FIR. It has been alleged that on
16.3.2009 in their village there was annual tournament. Complainant –
Bhupinder Singh and his father – Amrik Singh were present at their home.
Criminal Misc M-11153 of 2009 3
At about 4 p.m., Amarjit Singh @ Midda made a telephone call to the
complainant and called him at the stadium. The complainant was informed
that the Kabaddi match had started. The complainant went to the stadium
where Guggu (petitioner-5) was holding a Kirpan. Besides, other assailants
were present including the petitioners. Petitioners-1 and 4 were empty
handed. Petitioners – 5 and 6 were holding baseball bats and petitioner-7
was holding a stick. They caused severe beating to Bhupinder Singh, his
father – Amrik Singh and Sukha. On the basis of the allegations, the FIR has
been registered for the offences under Sections 307, 323, 324, 148/149 IPC.
The medical report (P3) of Bhupinder Singh – complainant shows that there
are asmany as 16 injuries on his person.
The learned Additional Sessions Judge Jalandhar, in his order
dated 16.4.2009 (P2) has observed that the petitioners had not spared any
part of the body of Bhupinder Singh injured on which they had not caused
injuries. Out of 16 injuries on his person, the majority were incised wounds.
It was observed that the assailants had attacked the complainant, his father
and his friend – Sukha with an intention to murder them. Therefore, the
petitioners indeed have caused serious injuries to the complainant side.
Besides, the learned counsel for the complainant has shown the photographs
of the annual tournament that was held in the village on the date of the
occurrence in which Sajjan Singh @ Sunny (petitioner-6), it is stated, was
present. The fact that he was taking his examination of Punjabi Elective is
incorrect. The Certificate dated 6.4.2009 (P6) issued by the Principal of Dr
Ram Rakha Memorial Senior Secondary School, Sidhwan Dona states that
the petitioner was taking his examination on 16.3.2009 from 2 to 5 p.m.
However, as per the date sheet (P7), all the papers except for those
mentioned therein which does not include Punjabi Elective, are from 2 to
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4.15 p.m. The occurrence in the case, it is stated, took place at 4 p.m.
Therefore, not much reliance can be placed on the Certificate (P6) where the
petitioner is stated to be taking his examination from 2 to 5 p.m. as the
examination as per the date sheet (P7) was only upto 4.15 p.m. Therefore, in
any case the plea of alibi is to be considered, if raised during trial. Hari
Singh (petitioner-1), it is stated, is 72 years old and he was empty handed
during the occurrence.
Keeping in view the facts and circumstances, the petitioners -4
to 7 are not entitled to the concession of pre-arrest bail. Hari Singh
(petitioner-1), being 72 years of age, it would be just and expedient that
concession of pre-arrest bail is granted to him.
Accordingly, this petition qua petitionrs-4 to 7 is dismissed.
However, Hari Singh (petitioner-1), in the event of his arrest, shall be
admitted to bail on his furnishing personal bond and surety to the
satisfaction of the arresting/IO. He shall join investigation as and when
called and shall abide by the conditions of Section 438(2) CrPC.
4.5.2009. ( S.S.SARON ) ASR JUDGE