SONU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common order shall dispose of above noted five petitions as they arise out of the same FIR. Prayer in these petitions, which have been filed under Sec. 439 of the Code of Criminal Procedure, is for grant of regular bail to petitioners Sonu @ Soni, Lal Singh @ Lallu, Chhinder @ Chhindri @ Raj Singh, Khushal Singh @ Khushali and Amarjeet @ Ambi in case FIR No. 39 dtd. 28/2/2019, registered under Ss. 302, 120-B of the IPC and Ss. 25, 27 of the Arms Act, 1959 at Police Station City Ferozepur, District Ferozepur.

(2.) Learned senior counsel, appearing for petitioner Sonu @ Soni, has argued that as per allegations in the FIR, registered at the instance of complainant Kartar Singh, it is stated that he is Ex-Sarpanch of village Nihale Wala and his elder son, namely Harbans Singh, is the present Sarpanch of village Nihale Wala and the younger son, namely Pritam Singh, is the Member of Zila Parishad. It is further stated that on 28/2/2019, Pritam Singh left home on his motorcycle to drop his children at a school, whereas the complainant and his other son Harbans Singh, after delivering milk at a dairy, had stopped at a shop for getting some household articles. After Pritam Singh surpassed them after leaving his children at the school, two young persons came on a motorcycle from the backside in a rash manner. The person, sitting as a pillion rider, was carrying a pistol. It is further stated that the complainant can identify both the persons if they appear before him. In the meantime, the pillion rider fired at Pritam Singh, due to which, he fell down from the motorcycle and both the assailants stopped their motorcycle and came to Pritam Singh and fired 4-5 more gunshots. When the complainant and his son Harbans Singh rushed to the spot, both the assailants started the motorcycle and fled away towards Dulchi Ke Road. The complainant found that due to heavy bleeding, his son Pritam Singh has died. The motive behind the murder of Pritam Singh is stated that Harbhajan Singh @ Rana s/o Lal Singh, resident of village Nihale Wala, and his family are indulged in the smuggling of the narcotic substance. Their house is situated a little ahead of the complainant's house. About two months back, said Harbhajan Singh @ Rana had come to complainant's house and shot dead his brother Bagga Singh and in that process, the complainant's brother also killed Harbhajan Singh @ Rana while defending himself. Joginder Singh @ Sammi, his brother Sony and their father Lal Singh @ Lallu are presently confined in jail and from the jail, they used to threaten the complainant. Even Khushal Singh s/o Sunder Singh and Babbu @ Babbi, who is son-in-law of the sister of said Lal Singh, also used to threaten complainant. The complainant further stated that he has every reason to believe that Pritam Singh has been killed by the aforesaid persons by hatching conspiracy.

(3.) Learned senior counsel has further submitted that admittedly, petitioner Sonu @ Soni was not present at the spot as he was in judicial custody on the date of the incident and the only allegation against him is that he has extended threatsto complainant and his family. It is further stated that nothing is stated in the FIR or in the subsequent statement recorded under Sec. 161 Cr.P.C. that as to how and in what manner, the threats were extended to complainant and his family as no mobile number etc. is given.