SUKHPAL SINGH @ SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common order shall dispose of above noted two petitions as they arise out of the same FIR.

(2.) Prayer in the both the petitions, filed under Sec. 439 Cr.P.C. is for grant of regular bail to petitioners Sukhpal Singh @ Sukha and Joginder Singh in FIR No. 63 dtd. 8/5/2018, under Ss. 302, 307, 323, 325, 447, 506, 435, 511, 148, 149 of the IPC and Ss. 25, 27 of the Arms Act, 1959, registered at Police Station Guru Har Sahai, District Ferozepur.

(3.) Brief facts of the case, as per allegations in the FIR, are that on 8/5/2018, the aforesaid FIR was registered at the instance of one Ajit Singh (complainant) who has stated that his uncle Balwant Singh was the owner of 2 Quila, 2 Kanals and 2 Marlas of land which was given to him (complainant) and his brother Surjit Singh on lease. The complainant came to know that one Gurpreet Singh s/o Aroor Singh has fabricated an agreement to sell and has obtained an ex-parte decree in his favour and then got a sale deed executed and has also got Girdwari entries corrected in his name. It is further stated in the FIR that on the day of incident i.e. 8/5/2018 at about 10.00 AM, aforesaid Gurpreet Singh along with other co-accused, including petitioner Sukhpal Singh @ Sukha who was armed with rifle and petitioner Joginder Singh armed with a handle of spade and match box, along with other 60/70 persons came at the spot. Satnam Singh and Jagtar Singh raised lalkara and the persons, carrying rifle and pistols, started firing. Gurpreet Singh fired a shot which hit the left side of the chest of complainant's niece Lachhmi Devi and thereafter, Satnam Singh fired a shot which hit on the head of Teja Singh. Then Mangal Singh fired a shot which hit left hand of the complainant. Bhupinder Singh fired a shot which hit the head of Kapoor Singh. The other persons also caused injuries with their respective weapons and Malkeet Singh and his wife Paramjit Kaur also received injuries. While leaving the spot, petitioner Joginder singh set the wheat husk, which was lying the filed, on fire. Learned counsel for petitioner further submits that petitioner Sukhpal Singh @ Sukha is in judicial custody since 9/5/2018 and no specific injury is attributed to him except that while leaving for the place of incident, he fired in air and was also with other persons and even no lalkara is attributed to him.