Amritpal Singh @ Neetu vs State Of Punjab

Harinder Singh Sidhu, J

Prayer is for grant of bail in case FIR No.27 dated 10.02.2020 under Sections 302,34 IPC registered at P.S Nathana District Bathinda.

The FIR was registered on the statement of Gurmeet Singh who stated that on 09.02.2020, there was a Jaggo function on account of wedding

ceremony at the house of one Baldev Singh, whose house is situated on Ghoslanwala road. Parvinder Singh son of the petitioner left for house of

Baldev Singh to attend Jaggo function around 6 o' clock in the evening. When he did not come back till about 9.15 PM, the complainant rang up his

son on his mobile upon which his son Parvinder Singh replied that he would return shortly. Since he did not come back a long time after that, at about

10.15 PM the complainant accompanied by his uncle Jagjit Singh went to Baldev Singh's house to call Parvinder Singh. He had a torch in his hand.

When they reached near the electric motor of Baba Tej Ram, in the torch light, they found his son Parvinder Singh lying in the water course. There

were incised wounds caused with sharp edged weapon on the face, head and neck of his son as a result he had died. He suspected that his son had

been murdered by some unknown persons by inflicting injuries.

On 12.02.2020 the statement of Jaspal Singh former Sarpanch of Village Lehra Mohabbat was recorded by the police. He stated that in the morning

Parmajit Singh @ Pamma and the petitioner had come to him in the morning and confessed that they had committed the murder of Parvinder Singh on

09.2.2020 under intoxication. They stated that the deceased had a bad eye on the wife of Paramjit Singh @ Pamma due to which they had to do this.

That very day the statement of Malkeet Singh of village Lehra Mohabbat was recorded who stated that on 9.02.2020 at about 9.30 PM when he was

coming after making a round of his fields he saw accused Paramjit Singh @ Pamma and the petitioner near the passage of the fields of Baba Tej

Ram. Paramjit Singh @ Pamma had a kulhari (axe) in his hand. On his asking they disclosed that they were coming back after attending the Jago at

the house of Baldev Singh.

Based on the above statements the accused were arrested on 12.02.2020. On the disclosure statement of Paramjit Singh blood stained axe, clothes

and shoes were recovered. On the disclosure statement of the petitioner his blood stained clothes and shoes were recovered. The blood axe, clothes

and shoes have been sent to the FSL but the report has not yet come. The challan has been filed.

Sh. Deol, Learned Sr. Counsel for the petitioner contends that evidence of Extra Judicial Confession is inherently a weak kind of evidence and cannot

be made the basis of conviction in the absence of any other cogent evidence. Even the statement of Malkeet Singh that on 9.02.2020 at about 9.30

PM he had seen the accused Paramjit Singh @ Pamma and the petitioner near the passage of the fields of Baba Tej Ram does not implicate them

because they were not seen in the company of the deceased.

Ld. Counsel for the State on the other hand has opposed the grant of bail by arguing that the petitioner is accused of a heinous crime and there is

every likelihood of petitioner winning over the witnesses in case he is released on bail.

In the present case the deceased left his house 09.02.2020 to attend Jaggo function at the house of Baldev Singh around 6 o' clock in the evening.

When he did not come back till about 9.15 PM the complainant contacted him over the mobile upon which the deceased replied that he would return

shortly. When he still did not return, then at about 10.15 PM the complainant accompanied by his uncle Jagjit Singh went to Baldev Singh's house.

When they reached near the electric motor of Baba Tej Ram, in the torch light, they found his son Parvinder Singh lying dead in the water course.

There were incised wounds caused with sharp edged weapon on his face, head and neck. On 12.02.2020 the statements of Jaspal Singh former

Sarpanch of Village Lehra Mohabbat and Malkeet Singh were recorded whereafter the petitioner and his co-accused Paramjit Singh were arrested.

On the disclosure statement of Paramjit Singh blood stained axe, clothes and shoes were recovered. On the disclosure statement of the petitioner his

blood stained clothes and shoes were recovered. This recovery is a mere three days after the murder of the deceased. Though the FSL report has not

yet been received but the aforesaid circumstances cumulatively do point to the involvement of the petitioner and his co-accused in the crime.

In the light thereof it does not appear to be a fit case for the grant of bail to the petitioner at this stage when the trial has not yet commenced and the

material witnesses have not been examined.

Accordingly this petition is dismissed at this stage.