IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH
CRIMINAL MISC 31543-M OF 2008
DECIDED ON : 9-01-2009
Sukhpal Singh
....Petitioner
versus
State of Punjab
....Respondent
CORAM : HON'BLE MR.JUSTICE K.C.PURI
Present: Shri M.S.Sidhu, Advocate, for the petitioner
Shri K.S.Pannu, AAG, Punjab
K.C.PURI, J (ORAL)
This is a petition under Section 439 Cr.P.C. for grant of regular
bail in case FIR No. 112 dated 13-5-2007 (Annexure P-1) registered at PS
Sadar Khanna, district Ludhiana, under sections 302/148/149 now under
sections 304/325/341/201/120-B/148/149 IPC. Law was set in motion on
recording the statement of Jarnail Singh who has stated as under :-
“Libra came to the police station along with his elder
brother Enos and told that our father had been living in
village Libra for the last about 25 years. We both brothers
were also living with him at the tubewell of Darbara Singh
at village Libra. Land of Mohinder Singh Libra who is
nephew of Darbara Singh is near the tubewell of Darbara
Singh which is on lease with Gurmail Singh son of Mohan
Singh, resident of village Bharpurgarh, presently,
resident of Khanna. As such, we know Gurmail Singh, his
son Harinder Singh and their servant Nikka Singh.
On 11-5-2007, we all the three, i.e. Our father and we both
the brothers were working in the fields of Darbara Singh
as daily wagers. After loading wheat husk in the tractor
Crl Misc 31543-M of 2008 –2–
trolley from other fields, we along with his servant Kala
had brought the same to the tubewell where we had been
living. Kala left for home after parking the tractor trolley
there. Me and my brother Enos were unloading the wheat
husk from the trolley. My father was sitting with us in
front of our house (Kotha) under the light of electric lamp.
At about 8 pm, Harinder Singh along with his servant
Nikka came to us on their tractor 5911 and asked whether
the wheat husk has been unloaded from the trolley and
we replied that not as yet and we are in the process of
unloading it. At this both of them started hurling abuses.
My father asked them not to abuse, whereupon they
started quarreling with my father. We scolded them and
they went back along with the tractor. After about ½-3/4
hour, Harinder Singh along with his father Gurmail
Singh, servant Nikka Singh and Jit Singh son of Lakhvir
Singh residents of village Dheero Majra,Bhalwan name of
whose village is not known and 2/3 unidentified persons
whom I can identify on coming before me came there on
tractor and motor cycles. They were armed with Danda
(sticks) and hockey sticks. All the abovesaid persons
opened an attack on my father. Within our sight, Gurmail
Singh, Harinder Singh and their servant Nikka Singh, gave
repeated blows with their hockeys and sticks (dandas) on
the head, arms and chest of my father. When we both
brothers alighted from the trolley and tried to rescue our
father, then Harinder Singh asked his companions to
catch hold of these “Salle Bhayian”. On this, Jit Singh,
Crl Misc 31543-M of 2008 –3–
Bhalwan and other unidentified persons encircled us and
Jit Singh gave 2-3 danda blows, which hit on my right arm,
right leg and left ear and Bhalwan gave danda blows on
my brother Enos, which hit on his arms and legs. Gurmail
Singh, Harinder and Nikka Singh kept inflicting injuries
upon my father within our sight. We raised alarm Marta-
Marta and made request to them that we are migrants and
that we would leave the place. After beating us, they left
from there along with their weapons on their tractor and
motorcycles. Since it was dark and we are migrants, we
got asleep. Yesterday i.e. 12-5-2007, on account of my
father in pain, we brought Dr.Gian of village Libra to the
tubewell for providing medicine to our father and he
advised us to take our father to the Civil Hospital, Khanna.
Then, after taking Baljinder Singh Sardar Libra with us
took our father to Civil Hospital, Khanna for getting him
treatment. On seeing the condition of my father, the
doctor referred him to Rajindera Hospital, Patiala and
yesterday i.e. 12-5-2007, my father died in hospital at
Patiala and his dead body is lying in the hospital. Being
migrants and since it was night time, we both the brothers
have come to village Libra today. After informing our
employer, we have now come to the Police Station to
lodge the report. The cause of enmity is that we are
migrants from Bihar and we restrained them not to hurl
abuses to us. They all have beaten us. Due towhich my
father has died. Action may kindly be taken. LTI Zanual,
aforesaid sd/-Yunus (in Hindi).”
Crl Misc 31543-M of 2008 –4–
Thereafter the present applicant and Harjit Singh moved
Criminal Misc 9084-M of 2008 decided on 7-5-2008 for grant of anticipatory
bail and the High Court accepted that application and it was ordered as
under :-
“In view of the aforesaid, without meaning to express any
opinion on merits, the instant petition is allowed.
In the event of arrest, the petitioners shall be
released on bail on furnishing bail bonds to the
satisfaction of the arresting officer subject to the
conditions specified in Section 438(2) of the Code of
Criminal Procedure.
Meanwhile, the petitioners are directed to join
investigation on 19-5-2008 at 10 am and continue to do so
as and when required to do so.
The instant order shall remain effective till one
month after the filing of the charge sheet by the police or
till the disposal of the regular bail petition of the
petitioners, whichever is earlier.”
The petitioner thereafter moved an application for grant of regular bail and
the same was dismissed by the Additional Sessions Judge vide order
dated 20-11-2008 observing that challan has not yet been presented.
However, the learned State counsel was fair enough to concede that
challan was presented on 21-10-2008 i.e. prior to the passing of the order
dated 20-11-2008. While making discussion, this High Court observed that
SP Detective held enquiry and submitted enquiry report Annexure P-1
exonerating the petitioner. It is transpired that complainant as well as his
brother namely Yunus, the star witness for the prosecution has given
affidavit exonerating the petitioner. However, that report of the SP
Detective was not accepted and challan was presented. Even according to
Crl Misc 31543-M of 2008 –5–
the contents of FIR, no injury has been attributed to the applicant-
deceased. The injury attrributed to the applicant is only to the complainant
which was declared grievous later on.
Keeping in view the totality of circumstances that petitioner has
been allowed concession of anticipatory bail by this Court on 7-5-2008 and
keeping in view the statement of complainant and his brother resiling from
their earlier statements and also keeping in view the fact that the petitioner
has not been attributed any injury to the deceased, the application for grant
of bail stands accepted.
Bail to the satisfaction of the trial Court.
Sd/-
{K.C.Puri}
12-01-2009 Judge
mandeepkr