BUGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered against them vide FIR No.49, dtd. 29/5/2018, Police Station Bhindi Saidan, District Amritsar, under Ss. 302, 148, 149 IPC.

(2.) The FIR was lodged at the instance of Bira Singh wherein it is alleged that on 18/5/2018 at about 9 am his cousin Gurdev Singh, Baldev Singh, Bagga, Geeta, Lakha, Deva Singh and Manga Singh were fighting amongst themselves. When he alongwith his father Joginder Singh being their relatives tried to intervene, then Gurdev Singh, Baldev Singh, Bagga, Geeta, Lakha and Deva who were standing on the roof, started throwing bricks and stones. As soon as complainant"s father went in the street, Gurdev Singh challenged that he was interfering in their dispute related to wall and all of them started throwing bricks and stones at his father injuring him and who ultimately succumbed to his injuries.

(3.) Learned counsel for the petitioners has submitted that the matter was investigated by the police and initially challan was filed against three accused namely Gurdev Singh, Hardev Singh and Baldev Singh, while petitioners were kept in column No.2. It has further been submitted that during the course of trial of the three accused who were challaned, complainant Bira Singh as well as the other star witness i.e. PW-2 Amarbir have absolutely resiled from their statements and infact PW-1 Bira Singh has categorically stated that all the assailants were having their faces muffled. It has been submitted that since a period of almost 4 years has elapsed, no useful purpose would be served by arresting the petitioners at this belated stage.