JATINDER PAL SINGH SHERGILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the third petitioin filed on behalf of the petitioner seeking grant of anticipatory bail in respect of a case registered vide FIR No.85 dated 22.5.2020 at Police Station Anaj Mandi, Patiala, District Patiala under Sections 302, 148, 149, 506, 201 of Indian Penal Code and Section 25 of Arms Act, the earlier two petitions having been withdrawn.

(2.) The FIR was lodged at the instance of Davinder, wherein it is alleged that on 21.5.2020 when he alongwith his brother Shamsher Singh, their nephew Vansh Kumar were proceeding towards Bharat Nagar on foot, and at about 9:15 p.m. when they reached near Mazar of Baba in Street No.4, they saw Kunwar Randip Singh @ SK Khrore, Saajan, Abbu, Lali armed with 'kirpan', Chand Mohammad, Phool Mohammad armed with 'gandasa', Pawan @ Punnu armed with iron rod, Tara Dutt, Jatinder Pal armed with 'gandasa', Parmod @ Modi armed with rod, Vicky Topi, Twinkel armed with 'kirpan', Prince Chakki Wala armed with 'gandasi' alongwith 5-6 unidentified persons. When complainant's brother reached near them, SK Khrore exhorted his companions to catch hold of complainant's brother Shamsher Singh and said that he be not spared. SK Khrore, Abbu and Chand Mohammad took out pistols from their pockets and fired in the air. Sajjan took out pistol from his pocket and fired straight towards complainant's brother with an intention to kill him. The shot hit below the arm pit of complainant's brother Shamsher Singh, who tried to run and fell down after a few steps. The complainant and his nephew also ran for cover. All the other accused were raising 'lalkaras' to kill Shamsher Singh. Lalli armed with 'kirpan', Chand Mohammad armed with 'gandasa', Pawan @ Punnu armed with rod, Jatinder Shergill armed with 'gandasa', Parmod @ Modi armed with rod, Twinkel armed with 'kirpan', Prince Chakki Wala armed with 'gandasa', all raised their weapons and stated loudly that he has been killed. Tara Dutt, Vicky Topi Wala etc. threw stones and brickbats towards the complainant but they managed to save their lives. It is further alleged that thereafter the accused went away from the spot in their vehicles. Although the complainant and his nephew arranged for a vehicle and took complainant's brother to Rajindera Hospital, Patiala but he was declared dead.

(3.) Learned counsel for the petitioner has submitted that the complainant has made an attempt to rope in a large number of accused although there is hardly any evidence to substantiate the involvement of all the accused. Learned counsel has submitted that even if the allegations, as such, are taken to be correct, still no injury is attributed to the petitioner, who is simply stated to be present armed with a 'gandasa'.