SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose off the above mentioned three petitions filed on behalf of Satnam Singh, Avtar Singh @Tari and Ramandeep Singh seeking grant of regular bail in a case registered vide FIR No.142 dtd. 30/9/2020 under Ss. 307, 341, 323, 324, 326, 506, 148, 149 IPC and Ss. 25, 27, 54,59 of the Arms Act at Police Station Khem Karan, District Tarn Taran.

(2.) The FIR in the present case was lodged at the instance of Balwinder Singh wherein it is alleged that on 26/9/2020, he alongwith his brother Salwinder Singh had been summoned at Police Station Khem Karan in respect of a dispute with Harpreet Singh. However, since Harpreet Singh did not turn up at the Police Station, they were asked to report again on 27/9/2020 and accordingly on the next day, he alongwith his brother again went to the police Station. Even, his brother Jaimal Singh as well as other residents of the village reached at police station. However, even on the said day i.e. 27/9/2020, the opposite party i.e. Harpreet Singh and others did not turn up till evening. Accordingly, in the evening Salwinder Singh and Jaimal Singh started back on one motorcycle while the complainant i.e. Balwinder Singh son of Gajjan Singh and Balwinder Singh son of Virsa Singh started on another motorcycle. Mehar Singh also accompanied them on third motorcycle. When they were near Defence Bridge Mehndipur, they were waylaid by Satnam Singh, Harjinder Singh, Avtar Singh who were all carrying 12 bore rifles, who suddenly came out of the bushes and started firing at them and on account of which Salwinder Singh and Jaimal Singh sustained injuries. Jaimal Singh and Salwinder Singh fell down on the road. Dulla Singh and Mehtab Singh, both armed with 'datars', Gurmail Singh and Gurlal Singh carring 'kirpans', Veera and Raja carrying 'datars' caused grievous injuries to Salwinder Singh on his legs, arms and hands and also inflicted a large number of injuries to Jaimal Singh. Harpreet Singh, who was also carrying 'datar' inflicted blow to Jaimal Singh which virtually severed his left wrist. Ramandeep Singh, Gurpreet Singh and Bunty who were carrying 'datars', Gurbhej Singh and Navdeep Singh who were carrying swords accompanied by 4-5 unidentified persons who were carrying baseball bats inflicted injuries with their respective weapons. When the complainant raised alarm, the assailants fled away from the spot carrying their respective weapons.

(3.) The learned counsel representing the petitioners have submitted that a false FIR has been lodged by the complainant wherein an attempt has been made to rope in a large number of accused. It has been submitted that while as many as 15 persons has been specifically named in the FIR, subsequently upon statement of an injured Salwinder Singh, another five persons were also additionally nominated as accused. It has further been submitted that the falsity of the allegations, as levelled in the FIR, would be evident from the fact that upon completion of investigation only 8 persons had been challaned by the police. The learned counsel have further submitted that although three persons are alleged to be armed with rifles and are stated to have fired at the injured but as a matter of fact it is a case wherein only a total of three firearm injuries were found on the injured and out of which two of the injuries can at best be in respect of one firearm shot only being entry and exist wounds. The learned counsel has further submitted that in any case, since the petitioners have been behind bars since the last more than 2 years and trial has not even commenced, the petitioners cannot be kept behind bars for an indefinite period. The petitioners also stake their claim on ground of parity with co-accused Gurbhej Singh and Gurmail Singh who have already been ordered to released on bail by the trial Court vide order dtd. 5/8/2022 and order dtd. 26/10/2022.