CRM Nos. M-2087 & M-777 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. 1- CRM No. M-2087 of 2009 Date of decision: 5.2.2009 Jaswinder Singh Gill ...Petitioner Versus State of Punjab ...Respondent 2- CRM No. M-777 of 2009 Date of decision: 5.2.2009 Hardeep Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. N.S. Swaitch, Advocate and Mr. Jaideep Verma, Advocates for the petitioners. Mr. Shailesh Gupta, DAG, Punjab. Rajan Gupta, J.
This order of mine shall dispose of above mentioned two
applications filed under Section 438 Cr.P.C. for grant of anticipatory
bail on behalf of Jaswinder Singh Gill and Hardeep Singh as the same
have arisen out of a common First Information Report No.62 dated 4th
May, 2008, under Sections 307, 324, 323, 120-B, read with Section 34
IPC, registered at Police Station Sirhind, District Fatehgarh Sahib.
Learned counsel for the petitioners have mainly contended
that the petitioners are not named in the FIR and in fact they have been
falsely implicated in this case. They thus deserve the concession of
CRM Nos. M-2087 & M-777 of 2009 2
anticipatory bail. Moreover, the petitioners cannot be roped in on the
basis of statement of co-accused.
Learned counsel for the State has, however, opposed the
grant of anticipatory bail on the ground that two persons namely, Nishan
Singh and Sandeep Singh, who were arrested in another case under
Sections 379, 420 IPC, registered against them at Police Station Bassi
Pathana, had clearly stated before the police that the petitioners Hardeep
Singh and Jaswinder Singh had committed the crime. According to the
counsel, the said accused had taken ‘Supari’ for killing the complainant
due to some dispute which had originated in Australia.
I have heard learned counsel for the parties.
A perusal of the FIR shows that the complainant, who is
otherwise settled in Australia, had come to Punjab on 8th March, 2008.
On 1st May, 2008 at about 8.30 P.M. when he, after purchasing shoes for
his children, entered his car, at that time one fashionable young man
came from behind. He held his neck and inflicted his krich blow on his
face and thereafter a second blow by the same weapon on right side of
his stomach. While trying to defend himself, he received injuries on his
right hand as well. The complainant was thereafter taken to Civil
Hospital, Fatehgarh Sahib from where he was referred to P.G.I.
Chandigarh for treatment, but on the way his condition deteriorated and
as such he was admitted in Shivalik Hospital, Mohali and was
discharged from there.
In view of the fact that allegations against the petitioners
CRM Nos. M-2087 & M-777 of 2009 3
are very serious in nature, I am of the considered view that they do not
deserve the concession of anticipatory bail. It may not be possible for
the investigating agency to investigate the matter effectively in case the
petitioners are armed with a protective order from this Court. Moreover,
weapons of offence are yet to be recovered from the petitioners.
An additional ground has been pressed on behalf of the
petitioner Jaswinder Singh that his one leg is polio stricken and thus he
could not have participated in the crime.
However, learned State counsel (on instructions from
Investigating Officer who is present in Court) has stated that the said
accused was driving the car which was used in the crime. According to
the counsel accused Jaswinder Singh faces no difficulty in driving a car.
In the facts and circumstances of the case, I am of the
considered view that the accused-petitioners Jaswinder Singh and
Hardeep Singh are not entitled to concession of anticipatory bail.
Both these petitions are, therefore, dismissed.
February 5, 2009