(1.) This is a petition for anticipatory bail under Section 438 Cr.P.C in F.I.R No. 65 dated 2.6.2000 registered at Police Station Guruharsahai, District Ferozepur, for offences under Sections 302, 324, 452 and 34 I.P.C.
(2.) Briefly stated, the facts are that on the night intervening May 29/30.2000. the petitioner Bhajan Singh accompanied by Sukhdev Singh and Kashmir Singh sons of Jagga Singh after prior consultations and with common intention and duly armed with deadly weapons like Datar etc. tress-passed into the house of complainant, Kala Singh. When he was sleeping in his house alongwith his wife. Guro Bai and children Sukhdev Singh and Kashmir Singh asked Bhajan Singh , Petitioner, to teach Kaila Singli a lesson for asking more money for getting registration done and then Bhajan Singh gave a Datar blow which hit on his head above the left eye and due to severe injury, he became unconscious. His wife raised alarm of having been killed and then the petitioner alongwith his co-accused ran away alongwith their respective weapons. Kala Singh was got admitted in civil Hospital and from there he was sent to Dayanand Medical College, Ludhiana. After he gained consciousness, then his statement was recorded by the police on 2.6.2000 Later on Kala Singh died.
(3.) Counsel for the petitioner contended that in fact the occurrence had taken place at mid-night and some unknown persons had caused injuries to Kala Singh and the petitioner and his co-accused had been falsely involved on mere suspicion. He further stated that the case was initially investigated by S.H.O. Police Station, Gurharshai and the petitioner alongwith his co-accused were found to be falsely implicated. He next stated that again the investigation was conducted by Manwinder Singh, D.S.P, Jalalabad and he submitted his report on 4.10.2000 and further investigation was conducted by D.S.P. Giddarbaha and vide his report dated 27.11.2000. the petitioner and his co-accused mere found falsely implicated. He further stated that later on Balkar Singh, S.P. (D) Ferozepur conducted investigation and he found the petitioner and his co-accused of having committed the crime. The learned Deputy Advocate General, Punjab on the other hand, contended that Kala Singh (now deceased) had stated in his statement that it was the petitioner who had given him the fatal blow. He further stated that his statement had been corroborated by the statement of his wife coupled with medical report. Counsel for the petitioner also contended that it was after one and a half years of long delay that the S.P. had found them guilty and in such circumstances when there is divergent opinion amongst the Police officials about the gilt of the accused then the petitioner is entitled to bail. For this contention he placed reliance on (Hardev Singh and another v. The State of Punjab,1975 CurLR 304. The above mentioned authority is not applicable to the facts of the present case. Of course there was divergent opinion in the above mentioned case but the vital question involved in that case was whether the injury on the person of complainant could be caused by a pistol or not and that matter was yet to be decided and for this reason the petitioner of that case was released on bail however, in the present case, It is clearly mentioned by Kala Singh (now deceased) that Datar blow on his head was given by the petitioner. His statement is corroborated by the statement of his wife and the medical evidence.