BALJEET SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THIS petition under Section 439 (2) Code of Criminal Procedure has been filed for seeking cancellation of regular bail granted to Respondents No. 2 to 5 by the learned Sessions Judge, Ferozepur vide order dated 15.5.2007 (Annexure - P.1).

(2.) FIR for the offence under Sections 302, 120 -B, 148 and 149 IPC was registered against Respondents No. 2 to 5 at Police Station City, Ferozepur. The FIR has been registered on the statement of the Petitioner Baljeet Singh. It is alleged by the complainant that his brother Harjinder Singh alias Pappy was married 16/17 years ago with Rupinder Kaur alias Baby, daughter of Resham Singh (Respondent No. 5). He has one son Simaranjit Singh aged about 12 years. The brother of the complainant, namely, Harjinder Singh had differences with his wife Rupinder Kaur for the last about 8 years. She was living at her parental house at Amritsar and the nephew of the complainant, namely, Simaranjit Singh was living with the brother of the complainant, namely, Harjinder Singh. Litigation was pending between the brother of the complainant and Rupinder Kaur. On 19.1.2007 at about 10.00 a.m., Harjinder Singh alias Pappy informed the Petitioner that he was going to the brother of his father -in -law, namely, Mukhtiar Singh (Respondent No. 2) regarding his case but he had not come back to his house till 25.1.2007. Regarding this the complainant had already given information in the Police Station. Thereafter, they had come to know that Harjinder Singh alias Pappy was picked up with an intention to kill him. The Respondents No. 2 to 5 were named as accused.

(3.) SHRI S.P.S. Sidhu, Advocate, learned Counsel appearing for the Petitioner has submitted that the learned Sessions Judge has gravely erred in granting the bail to Respondents No. 2 to 5. It is submitted that the accused were arrested after filing of the case and challan against them has also been filed on 9.4.2007. It is further submitted that it is on the pointing out of the accused that the dead body of Harjinder Singh -the brother of the complainant was recovered from a canal along with jeep in the presence of witnesses and in the presence of Shri Swaran Singh, Tehsildar -cum - Executive Magistrate, Ferozepur. It is submitted that there is sufficient evidence to link Respondents No. 2 to 5 in the commission of the crime. It is submitted that the delay in lodging the FIR from the date of occurrence has wrongly been taken by the learned Sessions Judge to be a circumstance for the grant of bail to Respondents No. 2 to 5. In fact, the Petitioner immediately after his brother was missing informed the Police vide Rapat No. 17 dated 20.1.2007 (Annexure -P.2). It is also submitted that the accused are openly threatening the Petitioner and stating that he would face the same consequences as his brother.