GURJAIPAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed for seeking grant of regular bail to the petitioner under Section 439 Cr.P.C., in case FIR No. 271 of 2017 dated 07.06.2017, registered at Police Station Paonta Sahib, District Sirmour, H.P., under Sections 147, 149, 353 and 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as the 'IPC' in short) and Sections 25/54/59 of the Arms Act, 1959.

(2.) Petitioner had also preferred bail application in the year 2018, which was dismissed on 11.01.2019. At that time, his bail application was rejected on the ground that prima facie it had come on record that he was actively participating with the hardcore criminals, who even do not care for the consequences of using of fire arms. Therefore, at that stage, when only one witness had been examined, enlargement of the petitioner on bail was not considered in the interest of justice as plea of the petitioner, at that time, that victim and material witnesses, being officials could not be dissuaded or terrorized, was rejected for the reason that despite knowing that complainant was performing his duty as a police official/officer, the bullets were shot upon him on a highway on the barrier.

(3.) In status report filed by the respondent-State, it has been reiterated that petitioner was accompanying hardcore criminals and is involved in a serious case as the police official/officer was attacked while performing his duty. It has also been pointed out that three co-accused had died in the encounter in Haryana during intervening period and remaining three, namely, Navjot Singh, Surmukh Singh and Manjit Singh, have also been involved in number of FIRs for commission of offences of serious nature. However, it is reported that no other case has been found to be registered against petitioner Gurjaipal Singh, till date.