High Court Punjab-Haryana High Court

Ravinder Singh And Another vs State Of Punjab on 25 August, 2009

Punjab-Haryana High Court
Ravinder Singh And Another vs State Of Punjab on 25 August, 2009
CRM M-12431 of 2009            -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                     CRM No.22929 of 2009 in
                                     CRM M-12431 of 2009

                                     Date of Decision: 25.8.2009

Ravinder Singh and another

                                                 ....Petitioners.
Vs.

State of Punjab
                                                 ..Respondent.


CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN


Present :   Mr.S.S.Rangi, Advocate for the petitioners.

            Mr.K.D.Sachdeva, Addl.AG Punjab for the State/respondent.

            Mr.Baldev Singh, Sr.Advocate with
            Mr.Daldeep Singh, Advocate for the complainant.

RAKESH KUMAR JAIN, J.

The petitioners have applied for grant of anticipatory bail in

case registered vide FIR No.126 dated 28.6.2008 under Sections 302, 201,

382 IPC and 25/27/54/59 of Arms Act at Police Station Mandi Gobindgarh,

District Fatehgarh Sahib.

The aforesaid FIR was registered by Tarsem Singh in which he

had alleged that his son Amrinder Singh alias Midha has been killed by

Satpal and Rajinder Singh alias Jindra. In the said case, Satpal (since

deceased) made a statement on 2.7.2008 before the police as well as before

JMIC that while he was fired at by Amrinder Singh alias Midha, Ravinder

Singh alias Rubi (petitioner No.1) gave a Kirpan blow which landed on his

left hand as a result of which, he received injuries on his finger adjoining

his thumb. At that time, Maninder Singh alias Mintu (petitioner No.2) was
CRM M-12431 of 2009 -2-

also present there.

Both the petitioners have been summoned on an application

filed under Section 319 Cr.P.C. vide order dated 10.4.2009 (Annexure P-3)

through warrants of arrest. The petitioners had thus, filed a petition for grant

of anticipatory bail before the Court below which was dismissed by

Additional Sessions Judge, Fatehgarh Sahib on 27.4.2009.

Counsel for the petitioners has vehemently argued that there is

no reference of the petitioners in the FIR registered by Tarsem Singh

(Annexure P-1), neither in the statement (Annexure P-2) nor in the

statement recorded under Section 161 Cr.P.C. Satpal (deceased) has only

referred to an injury caused with Kirpan by petitioner No.1 and the presence

of petitioner No.2. He further submitted that no fatal injury has been caused

by the petitioners who have already been granted interim bail by this Court

and are appearing before the Court below regularly without there being any

allegation of absence or tampering with evidence or misusing the

concession of bail.

As against this, counsel for the complainant has submitted that

the petitioners have not challenged the order of summoning (Annexure P-3),

therefore, the petitioners cannot find fault in the said order. Moreover, it is

submitted by him that even in the enquiry report of DSP Amloh dated

4.8.2008 and SSP Fatehgarh Sahib dated 23.6.2008, it has been found that

both the petitioners are involved in the occurrence. Counsel for the

complainant has also highlighted that the petitioners have not approached

this Court with clean hands as they have deliberately concealed the

statement recorded under Section 164 Cr.P.C. and gave a distorted version

of the statement of Satpal (deceased) (Annexure P-2) which has been
CRM M-12431 of 2009 -3-

recorded under Section 161 Cr.P.C. It is submitted that in the original

petition in Annexure P-2, the petitioners deliberately omitted to mention

that “On this, Amrinder Singh alias Midha uttered “Salio tusi plot de kee

lagde ho” and he exhorted his brother and his associates by raising lalkara.”

It is further submitted that the petitioners have changed the eye witness

because in the document Annexure P-2 it has been mentioned that “while

firing Jagtar Singh, resident of Batan Lal Road, Mandi Gobindgarh by

chance also came at the spot who saw the whole incident himself.” It is

submitted by the counsel for the complainant that in fact the actual

averments made by Satpal (deceased) are “at the spot Gagandeep Singh

alias Rikki son of Jagtar Singh, resident of Batan Lal Road, Mandi

Gobindgarh came present and saw the entire occurrence with his own eyes.”

Further, it has been mentioned that in para 5 of the petition, the petitioners

have made misleading averments because he has mentioned that “there was

no evidence against the petitioners to connect them with the murder of

Satpal except the solitary statement of Satpal himself.”

In this regard, counsel for the petitioners has submitted that it is

not correct that there is no evidence except for the solitary statement of

Satpal (deceased) because there are two eye witnesses, namely, Gagandeep

Singh and Rajinder Singh @ Jindra, whose statements have already been

recorded under Section 161 Cr.P.C.

Counsel for the State has also argued that the petitioners have

been summoned to face trial under Section 302 IPC. Learned State counsel

has also argued that participation of the petitioners in the alleged occurrence

is writ large in which two persons have been murdered.

I have given my thoughtful consideration to the contentions
CRM M-12431 of 2009 -4-

raised by learned counsel for the parties and I am of the view that the

petitioners have not approached this Court with clean hands as they had

obtained the interim orders on the basis of statement (Annexure P-2) which

was totally distorted and that order under Section 319 Cr.P.C. has not been

challenged so far.

Moreover, keeping in view the gravity of the offence, I do not

find it to be a fit case for grant of anticipatory bail to the petitioners,

therefore, the petition is hereby dismissed.




                                         (RAKESH KUMAR JAIN)
25.8.2009                                      JUDGE
Meenu