BACHITTAR SINGH Vs. JIT SINGH

JUDGEMENT

(1.) This order will dispose of two applications, Criminal Miscellaneous (Main) Nos. 173 and 174 of 197?, for cancellation of bails since they arise out of the same case.

(2.) Elections to the Delhi Gurdwara Prabhandak Committee were held in March, 1975. Bachittar Singh, Gurbux Singh Sethi and Bawa Narain Singh were the Candidates for the Patel Nagar Constituency. The election result were declared on March 31, 1975. Bawa Narain Singh was declared elected. The workers of Bawa Narain Singh took out a victory procession Some of the processionists raised slogans threatening to kill Bachittar Singh. Bachittar Singh along with one Barkat Panjabi rushed to the police-station. However, his report was not recorded and be came back to his house. Shortly after his return at about 9.15 p.m. many persons including Inderjit Singh, Jit Singh and Prithipal Singh Thapar came to Bachittar singh's house. They started shouting and hurling soda-water bottles. Bachittar Singh's younger brother Manjit Singh came out of the room and stood in the verandah. On seeing him they rushed to the verandah. Jit Singh and Prithipal Singh Thapar caught hold of Manjit Singh and. started shouting ''Maro Sale Ko." Thereupon Inderjit Singh attacked Manjit Singh with a knife and gave four knife blows. Some persons from the public tried to apprehend them. They succeeded in apprehending only Inderjit Singh, where as the others ran into the house of Prithipal Singh. Some one rang up the police which arrived at the spot and removed Manjit Singh to the hospital. Manjit Singh succumbed to his injuries on April 1, 1975. The police registered a case under sections 302, 14'', 148, 149 and 452, Indian Penal Code.

(3.) Prithipal Singh Thapar applied for bail to the Court of Session. Mr. J D. Jain, Additional Sessions Judge, by his order May 16, 1975 admitted him to bail The only reason for allowing bail was : "The A.P P. does not oppose the bail application of Prithipal Singh Thapar as per instructions received by him. Even the 1.0. does not oppose it".