PATEL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.58 dtd. 17/5/2021, registered under Ss. 302, 307, 326, 323, 324, 427, 148, 149 IPC and 25/27/54/59 of the Arms Act, and Sec. 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Counsel for the petitioner, at the very outset, has relied upon the order dtd. 16/11/2021, vide which the co-accused of the petitioner namely Paramjit Singh, was granted the concession of regular bail in CRM-M No.44718 of 2021. The operative part of the said order, reads as under:-

(3.) On seeing the police party, all these persons sped away from the spot. Persons from both the sides suffered bullets and sharp edged weapons injuries and their relatives have taken them to different hospitals. In presence of complainant Dhara Singh, Salwinder Singh and Kulwinder Singh, who were having injury marks and from the second party Surjit Singh, Sarwan Singh, Jagjit Singh, Paramjit Singh and Baljit Singh were also having injury mark and blood was oozing out, were taken to the hospital. When he reached the hospital to record the statement, the doctor opined that Dhara Singh's party is unfit to make statement and no MLR of the second party was received and FIR under Ss. 307, 323, 324, 148, 149 IPC and Ss. 25 and 27 of the Arms Act was registered. Counsel for the petitioner further submits that thereafter, on 22/5/2021, the crossversion on the statement of Surjit Singh vide GD No. 27 was registered against the Dhara Singh's party. Counsel for the petitioner submits that in the cross-version the details of the injuries sustained by Surjit Singh and others were recorded. Later on, Dhara Singh died and Sec. 302 IPC was added.