JAGJIT SINGH @ JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Crl. Misc. No. 3744-M of 1999 whereby Jagjit Singh (petitioner herein) is claiming bail in case FIR No. 10 dated 4.1.99 registered at PS Dhuri under Sections 325/308/34 IPC.

(2.) The prosecution case in brief is that on 30.12.98, Randhir Singh son of Kaka Singh resident of Kaulseri (Dhuri) was coming back to his house from his fields after doing agricultural work. When he reached near bus stand Kaulseri, in the meantime, his brother Gurdip Singh who was on scooter met him and they both began talking. It was about 5 PM. Jagjit Singh alias Jit Singh with iron rod, Hardip Singh and Jassi son of Jagjit Singh empty handed came out of the adjoining shop. Jagjit Singh raised lalkara challenging Randhir Singh that he was opposing them at the time of earlier panchayat elections and they would teach him a lesson. Thereupon, Jassi caught hold of him by his right arm. Hardip Singh caught hold of him by his left arm and Jagjit Singh dealt blow on his head with iron rod. Randhir Singh's brother Hardip Singh who was standing nearby raised raula "Na maaro-na marro, he would die". Jassi gave fist blow on the left eye of Randhir Singh forcefully. Thereupon, Randhir Singh's brother Gurdip Singh raised lalkara. Jagjit Singh, Hardip Singh and Jassi ran away with iron rod towards the fields. In the previous panchayat Randhir Singh was a member Panchayat. Jagjit Singh etc. had feeling that they (Randhir Singh etc.) were getting decision against them. Randhir Singh was taken to Civil Hospital, Dhuri.

(3.) In support of his prayer for bail, learned counsel for the petitioner submitted that occurrence allegedly took place on 30.12.1998 at 5 PM in village Kaulseri which is at a distance of 5-7 kms. from PS Dhuri. Matter was reported to the police on 31.12.98 at 4.30 PM. It was further submitted that if the occurrence could not be reported to the police by Randhir Singh, it could be reported to the police by his brother Gurdip Singh. It was submitted that there is thus delay in the reporting of the matter to the police and version of the FIR suffers from manipulations and confabulations. It was further submitted that as per the version of the FIR, Gurdip Singh was present at the time of occurrence while the injured was admitted in the hospital by his another brother Bharpur Singh at 6.15 PM. If Gurdip Singh had been present at the spot, he would have got the injured admitted in the hospital. It was submitted that presence of Gurdip Singh was thus doubtful. It was further submitted that the injured was discharged long ago and the petitioner has been in jail since 24.1.1999. It was further submitted that initially the case was registered under Section 325 IPC. Offence under Section 325 IPC is bailable and they were allowed bail vide order Annexure P-2 on 7.1.99 by Sub Divisional Judicial Magistrate, Dhuri. Offence under Section 308 IPC was added afterwards. It was submitted that if non-bailable offence is added afterwards and the accused is on bail earlier when the offence was taken to be bailable offence, accused should be allowed bail. In support of this submission, he drew my attention to Kishan Singh v. State of Haryana, 1999 1 RCR(Cri) 64.