SIMRANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) First petition filed by the petitioner along with his coaccused for the grant of regular bail was dismissed on 6.2.2012 by a Coordinate Bench of this Court. The petitioner alone has, now, opted to file this second petition for bail claiming that new circumstances exist entitling the petitioner to file second petition as the complainant party has been summoned vide summoning order dated 2.5.2012, Annexure P2, under Sections 323, 324, 452, 148 & 149 IPC.

(2.) Briefly stated, the case of the prosecution registered against the petitioner and others at the instance of Sartaj Singh complainant is that on 13.4.2011 at about 10 PM, the complainant along with his father Gursharan Singh had seen the petitioner, his brother Amandeep Singh and their father Amarjit Singh armed with datars along with Amardeep Singh son of Gulzar Singh armed with kirpan, Jorawar Singh armed with datar, Jatinder Singh armed with Kirpan causing injuries to Mandeep Singh. All the accused dragged Mandeep Singh to their house. The complainant along with others made an attempt to rescue Mandeep Singh, but the petitioner had bolted the door from inside. Number of people gathered on an alarm having been raised. When the door was opened, Mandeep Singh had suffered number of injuries. Mandeep Singh was taken to Johal Hospital from where he was shifted to DMC but he succumbed to his injuries.

(3.) Mr.R.S.Cheema, learned Senior Advocate, appearing on behalf of the petitioner has vehemently urged that the petitioner has been in custody w.e.f., 14.4.2011 and that he has been falsely implicated despite the fact that he was not present on the spot. A cross-version was registered vide DDR No.29 dated 14.4.2011 alleging that Mandeep Singh had called Amandeep Singh son of Gulzar Singh at Preet Nagtar Chowk for talks and at about 10:15 PM, a fight arose between two parties at said Chowk of city near his house. In hospital, he stated that Lally armed with dater, Kuldeep Singh alias Happy armed with kirpan, Mandeep Singh having dater, Sourav Kapil having khanda, Ajay Pal Singh Bhullar having datar attacked Jorawar Singh and Amandep Singh. Jorawar Singh and Amandeep Singh ran inside the house to save themselves while Lally, Mandeep, Sourav Kapila, Kuldeep Singh alias Happy and Ajay Pal Singh entered their house forcibly. Lallay attacked Amarjit Singh with datar hitting him on the wrist. Then Mandeep Singh attacked his father with datar hitting him on his finger of left hand.