GURDEEP SINGH @ BUNTY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Gurdeep Singh @ Bunty has applied for grant of regular bail in FIR No. 44 dated 12.3.2008 under Sections 302, 323, 148, 149 IPC registered at Police Station Dhariwal, District Gurdaspur.

(2.) As per allegation of the prosecution, the law was set in motion by recording the statement of Ranvir Singh s/o Labh Singh, who has stated that he is studying at Guru Arjan Dev Khalsa Senior Secondary School, Burj Sahib in 10+2 class. His brother Sahib Singh was working in Army at Ganga Nagar, Rajasthan. His leave was completed and the complainant was going to drop his brother at Dhariwal Bus Stand on his motorcycle. When they reached near Kalyanpur turning point GT Road, Ranian, at about 6.15 P.M. then Baljit Singh @ Rinku s/o Jagir Singh armed with Hockey, Gurdip Singh @ Bunty s/o Dhanna Singh present applicant armed with iron punch, Prem Masih @ Kalla s/o Amanat Masih armed with Dasta of Kahi, Palwinder Singh s/o Surjit Singh armed with Dasta of Kahi, Kulwinder Singh @ Babloo s/o Surjit Singh armed with iron punch, Seon Maish armed with base ball bat were standing there. Gurjit Singh and Daljit Singh raised lalkara to catch hold of Ranvir Singh for fighting with them earlier. The complainant told them that he was going to drop his brother and asked them not to fight with him. Then Baljit Singh gave a hockey blow on the complainant, which hit him on right side of his head. Gurdeep Singh gave iron punch blow on the complainant which hit him on his left eye brow. Then Palwinder Singh gave Dasta kahi blow on the complainant which hit him on his neck. Then Prem Masih gave Dasta kahi blow on the complainant which hit on his left wrist. The motorcycle of the complainant fell down on the ground. His brother deceased Sahib Singh came forward to save him. Then Kulwinder Singh gave two iron punch blows on his brother Sahib Singh which hit him on left side of his chest and second on the left side of his head. Gurdeep Singh applicant gave two iron punch blows to Sahib Singh, which hit on his right eye brow and second on the right eye. Then Seon Masih gave base ball bat blow on right cheek of Sahib Singh. Sahib Singh fell down on the ground. When he was lying on the ground, Seon Masih kicked him. Arjun Singh, grandfather of the complainant and Gurnam Singh uncle of the complainant came from Dhariwal side on scooter who witnessed the occurrence. They raised a noise. Thereafter accused ran away with their respective weapons.

(3.) Learned counsel for the petitioner has submitted that the other 5 accused are on bail and accused Seon Masih has been declared proclaimed offender. The petitioner is in custody since 19.3.2008 i.e. for the last about 5 1/2 years. The application under Section 319 Cr.P.C. has been accepted and the case is fixed for de novo trial. Vide order dated 8.2.2013 this Court directed the trial Court to make an endeavor to complete the trial expeditiously by adopting the procedure under Section 309 Cr.P.C.It has been further observed that the petitioner may approach again in case there is inordinate delay in conclusion of the trial. Learned counsel for the petitioner has relied upon the authorities of this Court in Crl.M.No.M-2181 of 2013 titled as Harbhajan Singh vs. State of Punjab decided on 22.3.2013, Crl.M.No.M-27597 of 2011 titled as Navjit Singh vs. State of Punjab decided on 23.11.2011 and authority of the Hon'ble Apex Court reported as State of Kerala vs. Raneef, 2011 1 SCC 784.