SAMARBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed by the petitioner under Section 439 Code of Criminal Procedure for grant of regular bail in case FIR No.97 dated 19.10.2017 under Sections 302 , 382 , 201 , 148 , 149 , 120-B of IPC and Sections 25 / 27 / 54 of the Arms Act, 1959, registered at Police Station Sadar Abohar, District Fazilka. The petitioner is in custody since 24.01.2018.

(2.) The above said FIR was registered on the statement of Baljit Singh, wherein it was alleged that he used to do the work of agriculture and his brother Balkaran Singh resided at Dhali Thakar Singh, Dakhil, Village Balluana. On 18.10.2017, his brother Balkaran Singh had returned from Delhi and came to Dhani in the afternoon. The complainant went to meet him and stayed with him in the night. On the next day, at about 8.30 am, Balkarn Singh along with Harpreet Singh had gone for a walk and the complainant also went out for a walk behind them. The complainant was at a distance of about 3-4 Acres from them when Balkaran Singh and Harpreet Singh reached at turn near Tahil in his fields, then from the opposite side, one, white colored Swift Car came from which five persons came out along with weapons. Samarbir Singh @ Sammy armed with .12 bore Gun, Kulbir Singh, Gurnek Singh @ Rimpy, Gurtesnar Singh and a youth wearing Turban was armed with 315 bore gun, then Samarbir Singh exorted that lesson be taught to Balkaran Singh, then Samarbir Singh fired a shot with his .12 bore Gun, which hit in the chest of Balkaran Singh and the person wearing turban fired two shots with 315 bore gun, which hit on the head of Balkaran Singh and the other persons also fired shots with their respective weapons. Harpreet Singh ran towards another side and they also fired shots towards him as well. Balkaran Singh fell down on the ground and 4-5 persons who were also with them came out of one another car and they also fired shots while raising lalkaras, then out of fear complainant ran towards backside. After a while the accused persons also took away 32 bore pistol of Balkaran Singh and fled away along with their respective weapons from the spot. When complainant and Harpreet Singh reached near Balkaran Singh, he was found dead. It was alleged that the motive behind the occurrence was the land dispute between Balkaran Singh and Samarbir Singh @ Sammy and his brother Kulbir Singh which was pending before the Courts and decided on 25.09.2017 in favour of Balkaran Singh.

(3.) Learned Senior Counsel for the petitioner contends that as per the eye witness Baljit Singh, the petitioner was present at the spot and fired gun shots upon victim. According to him, the said version was completely changed and as per final report submitted before the Court, the petitioner was indicted on the strength of hatching criminal conspiracy, punishable under Section 120-B IPC. He submits that admittedly the petitioner was not present on the spot when the alleged occurrence took place. It is further contended that the co-accused, who were similarly situated, were granted the concession of anticipatory bail. The attention of the Court is invited to concession extended to co-accused Gurnek Singh and Gurteshwar Singh on the ground that these two persons were not in India when the alleged occurrence took place. He submits that considering the custodial period of the petitioner and the case set up by the prosecution, which contains this material variation, further detention of the petitioner may not be justified.