HARDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, I intend to dispose of four petitions i.e. CRM- M-44986-2019 filed by petitioner Hardeep Singh @ Deepu, CRM-M- 47918-2019 filed by petitioner Sham Singh Daudhariya @ Sham Singh, CRM-M-48649-2019 filed by petitioner Lakhvir Singh and CRM-M- 2793-2020 filed by petitioners Kishan Singh @ Raju and Charanjit Singh @ Channi, who are accused in FIR No.67 dated 7.8.2019, under Sections 186 , 353 , 427 , 506 , 148 , 149 , 379 IPC( Section 307 IPC added later on) and Section 21 of Mines and Minerals (regulation of Development) Act , 1957, registered with Police Station Ladhuwal, District Police Commissionerate, Ludhiana for grant of regular bail. Briefly stated, facts of the case as per prosecution story are that Sh.Balwinder Singh - SDO - cum - Assistant District Mining and Mining Inspector had submitted a written complaint at Police Station Ladhuwal, Ludhiana stating therein that he along with other officials had gone to village Kharak Nurpur Bet, Ludhiana in an official vehicle for checking illegal mining; when they reached there, they saw that seven tractor trolleys loaded with sand were standing at the spot; they clicked the photographs of those tractor trolleys; Sham Singh Daudhariya and his associates along with the drivers of the tractor trolleys armed with iron rods and sharp edged weapons attacked them, raising lalkara that if they came to the spot again, then they would be killed. According to the complainant Balwinder Singh, SDO, he and other officials accompanying him received injuries, therefore necessary action be taken.

(2.) On the basis of such complaint, formal FIR No.67 dated 7.8.2019, under Sections 186 , 353 , 427 , 506 , 148 , 149 , 379 IPC and Section 21 of Mines and Minerals (regulation of Development) Act , 1957 was registered with Police Station Ladhuwal. Subsequently, offence under Section 307 IPC was also added. Accused Hardeep Singh @ Deepu, Sham Singh Daudhariya @ Sham Singh, Lakhvir Singh, Kishan Singh @ Raju and Charanjit Singh @ Channi were arrested in this case.

(3.) All the accused had filed applications before Court of Sessions at Ludhiana but were unsuccessful there, as such they have approached this Court seeking similar relief by filing of the petitions, notices of which have been issued to the respondent, who put in appearance through counsel. I have heard learned counsel for the petitioners and learned State counsel besides going through the record.