Ajay Kumar vs State of Punjab

M.M. Singh Bedi, J.—This order will dispose of four petitions for grant of pre-arrest bail, first petition filed by Ajay Kumar @ Ajay Singh and another (No. CRM-M-17339 of 2014), Second petition filed by Satpal @ Satta and another (No. CRM-M-17800 of 2014), third petition filed Jaskaran Singh (No. CRM-M-18566 of 2014) and fourth petition filed by Paramjit Singh (No. CRM-M-18743 of 2014), in a case registered at the instance of complainant Dhalwinder Singh.

As per the complainant Dhalwinder Singh alias Jind, on the day of parliamentary election, Parmajit Singh alias Captain and Jaskaran Singh had arguments with his uncle, namely Sarmukh Singh regarding voting in the morning on 30.04.2014 in the presence of the complainant. As per the allegations, at about 6.15 p.m. on that day when Sarmukh Singh was inside Harkrishan Public School, Malout, while voting was going on, Paramjit Singh alias Captain armed with Kappa; his brother Jaskaran Singh armed with iron rod, Satpal alias Satta armed with stick, Ajay Kumar armed with stick, Jagseer Singh armed with iron rod, Gurpreet Singh armed with iron rod and Gurmeet Singh armed with stick came to the complainant. Jaskaran Singh raised lalkara and said that first they should teach a lesson to the complainant being closest to Sarmukh Singh. They attacked the complainant after encircling him. The complainant made an attempt to save himself by running but Paramjit Singh @ Captain attacked the complainant with his Kappa with an intention to kill him, whereas Jaskaran Singh attacked the complainant with an iron rod with an intention to kill him and the blow hit on the head in the center and on the backside of the complainant. Paramjit Singh repeatedly attacked with kappa on the left side of the head of complainant from the back side. So far as the Sat Pal Singh @ Satta is concerned, he has been attributed injury on the left arm near the wrist of the complainant with stick. Gurpreet Singh also gave a stick blow on the right side of his back. Gurmeet Singh, Ajay Kumar and Jagseer Singh having not been attributed any injury, were allegedly instigating the other co-accused to beat the complainant.

Counsel for the petitioner has argued that the petitioners have been attributed simple injuries and as per the police proceedings the injured was found sitting in the Civil Hospital, Malout and talking to his brother when his statement was recorded. He has referred to the MLR of the complainant to contend that the injuries on the head of the complainant upon x-ray examination were found to contain no bone injury.

Counsel for the petitioners vehemently contended that the petitioners were workers of congress party and have been falsely implicated in this case. Another case has also been registered against the congress workers on the same day.

I have heard learned counsel for the petitioners; Mr. Ankur Jain, State counsel and have gone through the police record.

On examining individual parts of the petitioners in the alleged occurrence, I am of the opinion that in view of no overt act having been committed by Ajay Kumar and Jagseer Singh and stick injuries having been attributed to Sat Pal Singh @ Satta and Gurpreet Singh on non-vital part of the complainant, all the four petitioners named aforesaid, can be granted the concession of pre-arrest bail.

So far as the Jaskaran Singh and Paramjit Singh petitioners are concerned, they having been attributed injuries on the head of the complainant with weapons like iron rod and Kappa, I do not find any extraordinary exceptional circumstances existing for grant of pre-arrest bail to them they having disturbed the peaceful democratic process of election on the day of parliamentary elections. The bail applications of Jaskaran Singh (CRM-M 18566 of 2014) and Paramjit Singh (CRM-M 18743 of 2014) are dismissed. Interim order qua these two petitioners is vacated.

So far as the applications for bail of Ajay Kumar @ Ajay Singh and Jagseer Singh(CRM-M No. 17339 of 2014) and Sat Pal Singh @ Satta and Gurpreet Singh (CRM-M No. 17800 of 2014) are concerned, the same are allowed. It is ordered that in the event of arrest of these four persons, they shall be released on bail on their furnishing bail bonds/surety bonds to the satisfaction of the arresting officer subject to the condition that they will not again commit the similar offence of which they are accused of, during the pendency of trial and will not tamper with the evidence or hamper the investigation in any manner.