VIJAY PAL @ RAI SAHIB Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks pre -arrest bail in FIR No.145 dated 16.12.2012 under Sections 307, 342, 332, 353, 186, 148, 149 and 120 -B IPC read with Sections 27 of the Arms Act, 1959 and Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 of Police Station, Bahav Wala, Tehsil Abohar, District Fazilka.

(2.) PURSUANT to a secret information that the petitioner was having illegal arms and opium and if raid was conducted, he could be apprehended, a raid was conducted on the informed place, the petitioner was found available there. SI Navdeep Singh introduced himself and disclosed to the petitioner that they had information that he was possessing illegal arms and opium and thus, his search was to be conducted. On this, the petitioner had raised a noise and collected inhabitants of the adjoining houses and then had exhorted them to encircle the police party. He further prompted them all that everyone of the police party be done to death. They all encircled the police party when they were possessed with Dangs and Sotas. Then the petitioner threw one pocket of opium wrapped in glazed paper and when the police officer tried to hold him by his hand, he immediately retrieved pistol by his right hand from the left pocket of his Kurta and aiming towards SI Navdeep Singh had fired a shot but the same missed the police officer. Then he was intercepted by the police party. The huge crowd had collected at the calls of the petitioner and they attacked the police party. Sequelly, in addition to SI Navdeep Singh, other police officials viz. ASI Gurcharan Singh, Bhagat Singh, Satnam Singh and Krishan Lal got injured. They were medico -legally examined. The petitioner -accused had also torn the uniform of the police officials and they were obstructed from performing their official duties when they had tried to nab the petitioner from his house. He was able to flee from the scene and could not be nabbed.

(3.) COUNSEL for the petitioner has claimed that entire case is false and fabricated against the petitioner and enquiry conducted by the Deputy Superintendent of Police had not found the sequence of events as was narrated in the complaint, when sequelly, Sections 307 IPC and 27 of the Arms Act, were dropped from the FIR. It is claimed that in addition to this, 5 accused, namely, Ravinder Kumar, Malika, Darshana, Smt. Kamla wife of Ram Sarup and Smt. Kamla wife of Hans Raj had also been exonerated in the report of the investigating agency.