SUBHKARANJIT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has approached by way of filing the present appeal praying for grant of regular bail in case FIR No.102 dtd. 7/6/2021 under Ss. 302, 148, 149 IPC (Ss. 148 and 149 IPC deleted and Sec. 34 IPC added and Sec. 3 of SC/ST Act 1989 added lateron), registered at Police Station Goindwal Sahib, District Tarn Taran.

(2.) As per facts of the case, the FIR in the present case was registered on the statement of the complainant, namely, Satnam Singh. It was alleged by the complainant that on 6/6/2021 at about 09:30 p.m., his son Jagdeep Singh and his brother's son Harjot Singh went to club. He went to the club to call them and he saw that Shubhkaranjit Singh (appellant) armed with iron rod, Gurpartap Singh armed with Dang, Dilbagh Singh empty handed, Khandi armed with knife and Love armed with Dang, were standing there. He saw that Shubhkaranjit Singh hit his son with the iron rod on his head and in the meantime, Khandi gave knife blow in the heart of his son. His son fell down and Khandi kept on stabbing his son. Dilbagh Singh and Love also gave Dang blow on the legs of his son. He alleged that there was a dispute regarding damage of electric pole by Harjot Singh while learning driving tractor of Khandi. As Khandi was asking to pay money regarding damage, the dispute had taken place and his son was killed by them. Request was made to take legal action against the accused person. On the registration of the FIR, the investigation commenced. During the investigation, the appellant was arrested on 7/6/2021. He approached the Court of learned Additional Sessions Judge, Tarn Taran praying for grant of regular bail. However, after hearing both the sides, the learned Court finding no merit in the same, dismissed the bail application filed by the appellant vide order dtd. 16/5/2022. Thereafter, the appellant approached this Court by way of filing CRM-M-1840-2023, however, after hearing both the side the same was dismissed as withdrawn vide order dtd. 27/7/2023. Hence, the appellant has again approached this Court praying for grant of bail by way of filing the present appeal.

(3.) Learned counsel for the appellant has vehemently contended that the appellant has been falsely and frivolously implicated in the present case. He has submitted that the appellant had been alleged to have given rod blow on the head of the deceased, however, on perusal of the postmortem report, it is apparent that cause of death of the deceased was due to the knife injury, which had been alleged to co-accused Khandi. It is submitted that the appellant is not even belonging to the village, where the occurrence had taken place. He submits that motive was also alleged against the co-accused and not against the appellant. He submits that the appellant is behind bars since the date of his arrest and challan was presented on 19/8/2021 and charges were framed, however, no single witness has been examined till date. He submits that fundamental right of the appellant of speedy trial is miserable defeated. He further submits that the appellant has no criminal antecedents and thus, in the overall facts and circumstances of the case, he deserves to be granted regular bail.