AMARJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Criminal Misc. Petition No. 23697-M of 1998 whereby Amarjit Singh and others have prayed for the grant of bail to them in case FIR No. 313 dated 1.6.1998 under Sections 302/307/148/149 of the Indian Penal Code read with Sections 27/54/59 of the Arms Act registered at P.S. Shahbad, District Kurukshetra.

(2.) VIDE order dated 10.9.1998, Hon'ble S.C. Malte, J. rejected the prayer for bail of other accused except Santa Singh. Qua Santa Singh, his Lordship issued notice to Advocate-General Haryana for consideration of bail to him. Now, therefore, focus would be to determine whether Santa Singh should or should not be allowed bail.

(3.) SO far as Santa Singh, petitioner, is concerned, learned counsel submitted that he does not figure in the First Information Report at all, which was authored by the son of the deceased Banta Singh. He submitted that if Santa Singh had been present at the spot, Jagdish Singh would not have forgotten to mention his name. According to the prosecution, occurrence took place at 7/7.30 a.m. FIR came into being at about 1.00 p.m. He submitted that there is a distance of 7 kilometres form the place of occurrence to PS Shahbad. He submitted that if Santa Singh had been present at the spot, Jagdish Singh would not have omitted his name, particularly when FIR came into existence after about 5 hours. He submitted that Santa Singh was introduced at about 8.00 p.m. in a supplementary statement by Jagdish Singh. Even in his supplementary statement, Santa Singh is shown to have been unarmed and attributed only Lalkara inciting his co-accused that Gurmit Singh etc. be taught a lesson for removing the manure and bullets be sprayed into them and it was on that incitement, Gurmit Singh etc. swung into action. Learned counsel for the petitioner submitted that Santa Singh was introduced after about 12 hours of the occurrence and that too not in the original statement made by Jagdish Singh at 1/1.30 p.m. but in a supplementary statement at about 8.00 P.M. and that too without attributing any injury to him.