PRABHJOT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Prabhjot Singh alias Jyoti has filed the present petition under Section 439 Cr.P.C. for grant of regular bail pending trial in case FIR No. 114 dated 12.10.2017, under Sections 307, 482, 34 IPC (Sections 115 and 120-B IPC added later on) read with Section 22 of NDPS Act and Section 25 of Arms Act, registered at Police Station Hariana, District Hoshiarpur, Punjab.

(2.) Learned counsel for the petitioner has argued that this is a case where the petitioner has been falsely implicated by the police and in the FIR, four accused were named and the petitioner was not named and was later on nominated on the basis of disclosure statement made by one of the co-accused to the effect that the petitioner had conspired to commit the offence. He has further submitted that the co-accused have already been enlarged on bail by this Court vide Annexures P-2 to P-9 and that the case before the trial Court is now fixed for framing of charges and there is no possibility of influencing any of the witnesses.

(3.) Per contra learned State counsel has filed the reply by way of affidavit of Satinder Kumar, Deputy Superintendent of Police, Sub Division, Hoshiarpur, in the Court, which is taken on record. It has been stated in the affidavit that during investigation of the present case, co-accused Satnam Singh @ Karori, Shubham @ Bamb, Amrit Singh @ Amrit and Jatinder Singh @ Sheru suffered disclosure statement on 12.10.2017 and they disclosed that in the year 2016 the petitioner was in judicial custody in some case in Central Jail, Amritsar and during the said period, the petitioner met Rajiv @ Raja. Thereafter, the petitioner went to Dubai in the year 2017 after releasing from Central Jail, Amritsar and he contacted Rajiv @ Raja on whatsapp when said Rajiv @ Raja was in District Jail, Sangrur and petitioner asked him that he wanted to take revenge of murder of his brother Nishan Singh @ Shana from Arshdeep Singh son of Amrik Singh and his family members. The petitioner asked to Rajiv @ Raja on whatsapp that he will give him Rs.35,00,000/-, 32 bore revolver, Pistol 32 bore and live cartridges for killing Arshdeep Singh and his family members. It is further stated in the affidavit that the petitioner sent Rs.9,00,000/-, 32 bore revolver and 32 bore pistol alongwith live cartridges to co-accused Satnam Singh @ Karori, Shubham @ Bamb, Amrit Singh @ Amrit and Jatinder Singh @ Sheru. It is further stated that thereafter various other persons were nominated as co-accused including the petitioner. It is furtherstated in the affidavit that the petitioner was produced in the present case on production warrants on 30.3.2019 and he suffered disclosure statement in the present case that he sent Rs.9,00,000/- and 32 bore pistol and 32 bore revolver alongwith live cartridges to his co-accused Satnam Singh and others to kill Arshdeep Singh. In para 6 of the affidavit, a list of cases has been mentioned, in which the petitioner had faced the prosecution, out of which two cases have been decided, in two cases, the petitioner has been acquitted two cases have been cancelled by the police itself.