MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant Petition has been filed under Section 439 of the Code of Criminal Procedure seeking Regular Bail on behalf of the Petitioner in case FIR No.25, dated 19th June, 2019, registered under Sections 302/34 of the Indian Penal Code, 1860 and Sections 25/27/54/59 of the Arms Act, 1959 at Police Station Behrampur, District Gurdaspur.

(2.) Ld. Counsel for the Petitioner submits that his Client has been falsely implicated in the case and has remained in detention for more than 1 years since 20th June, 2019.

(3.) It may be mentioned that the FIR was lodged on the Complaint of one Gulshan Saini, sister of the deceased Tehal Singh, who was allegedly killed in the night of 18th June, 2019 by the Petitioner's brother Jasbir Singh with the active aid and abetment of the Petitioner himself. According to the FIR, after the Complainant's brother had not returned home from his nightly outing as usual till 9.30 PM. She therefore searched for him and reached the Poultry Farm of one Prince Saini resident of Village Niamata, where she found her brother to be arguing with the Petitioner and his brother Jasbir Singh. A scuffle then ensued between them, after which the Petitioner allegedly asked his brother Jasbir Singh to shoot the Complainant's brother. Jasbir Singh thereafter took out a pistol from his right dab and fired a shot at the victim-Tehal Singh which hit on his abdomen. When the Complainant raised a hue and cry both the culprits (the Petitioner and his brother) ran away from the spot with their weapons. The Victim was taken by the Complainant and Prince Saini to the Civil Hospital, Gurdaspur where he was declared dead.