Gurjant Singh vs State of Punjab

S.S. Saron, J.—This order will dispose of Criminal Misc-M-29291 of 2009 filed by Gurjant Singh son of Gurjit Singh, Criminal Misc-M-29308 of 2009 filed by Mohinder Kaur @ Babbi wife of Gurjit Singh and Criminal Misc M- 32978 of 2009 filed by Harjit Singh @ Rajan son of Gurjit Singh as they arise out of the same FIR and occurrence. The petitioners - Gurjant Singh and Mohinder Kaur seek pre-arrest bail while petitioner - Harjit Singh seeks regular bail, in terms of their respective petitions.

The FIR in the case has been registered on the statement of Sher Singh (injured). It is alleged by Sher Singh - complainant that on 13.9.2009 at about 10 p.m. after finishing his work, he was returning home. He came in Gali No. 5, Karampura and was passing near the house of Gurjit Singh, then all of a sudden from the opposite side, Harjit Singh @ Rajan (petitioner in Criminal Misc-M-32987 of 2009), Gurjant Singh @ Sajan (petitioner in Criminal Misc-M-29291 of 2009) sons of Gurjit Singh, both armed with Kirpans, came and encircled the complainant. In the meantime, their mother - Mohinder Kaur @ Babbi (petitioner in Criminal Misc-M29308 of 2009) armed with a Baseball Bat came there and raised a Lalkara that the complainant should not be allowed to go and the dispute would be finished forever. On this, Harjit Singh @ Rajan gave a Kirpan blow, which hit on the left side of the head of Sher Singh - complainant, who fell on the ground and was smeared with blood. He raised an alarm of "Bachao Bachao". Then, a cousin of the complainant - Sher Singh namely Mandeep Singh (injured) came forward to rescue the complainant. The abovesaid persons also caused injuries with their respective weapons. Gurjant Singh @ Sajan gave a Kirpan blow to the complainant while he was lying on the ground. The blow hit on the left hand fingers. On hearing noise, people collected at the spot and after giving threats, the three assailants ran away. The mother of the complainant namely Paramjit Kaur and his cousin - Manmohan Singh after arranging conveyance got the complainant admitted in the Emergency of Guru Nanak Dev Hospital, Amritsar where he was under treatment. By causing injuries, it is alleged that Harjit Singh @ Rajan and Gurjant Singh @ Sajan and their mother - Mohinder Kaur @ Babbi had committed the crime. The motive for causing the injuries was that Harjit Singh @ Rajan had a bad eye on complainant''s sister and he had stopped him. A request was made for taking legal action.

After hearing learned Counsel for the parties and perusing the record, it may be noticed that Gurjant Singh and Mohinder Kaur are seeking pre-arrest bail. The injury on the person of Sher Singh has been attributed to Harjit Singh. In the MLR, it has been described as an incised wound 12x3.4 cms obliquely placed present on left side of face, 2.3 cms front of tragus of left ear extended upto left temporal region. The margins are clear cut, fresh bleeding was present. X-ray of skull and face of injury-1 was advised and after x-ray, the injury was described as grievous in nature. There is also an injury on the person of Mandeep Singh who had come to rescue the complainant - Sher Singh. The said injury has been described as an incised wound 4.8x0.3 cms obliquely placed present on left frontal region of head 4.5 cms above the left eyebrow, the margins are clear cut and fresh bleeding was present. Injury-2 is a complaint of pain over the back of right thumb. However, the movements were observed to be normal. No crepulation of tenderness at knee, no swelling and no visible mark of injury was seen. Injury-1 on the person of Mandeep Singh has been opined to be simple in nature.

The petitioners - Gurjant Singh and Mohinder Kaur are not attributed any grievous injury on the person of Sher Singh and Mandeep Singh. In fact, Mandeep Singh has not suffered any grievous injury. At the time of motion hearing, insofar as Gurjant Singh - petitioner is concerned, it was noticed that the injury attributed to him has been declared simple in nature. Insofar as Mohinder Kaur - petitioner is concerned, it was observed that only a Lalkara has been attributed to her. The arrest of both these petitioners - Gurjant Singh and Mohinder Kaur was stayed by separate orders dated 21.10.2009.

Learned Counsel for the State on instructions from HC Kulwant Singh of PS Civil Lines, Amritsar, has stated that the petitioners - Gurjant Singh and Mohinder Kaur have joined the investigation and their further custody is not required for the purposes of investigation. Learned Counsel for the complainant has, however, opposed the applications for pre-arrest bail of these petitioners. It is submitted that they had instigated Harjirt Singh - petitioner to cause the injuries. Therefore, they are not entitled to the concession of pre-arrest bail. It may, however, be noticed that petitioner - Mohinder Kaur is attributed only a Lalkara and injuries attributed to Gurjant Singh - petitioner have been found to be simple in nature. Besides, the State does not require their custody for the purpose of investigation.

Accordingly, Criminal Misc-M-29291 of 2009 filed by Gurjant Singh and Criminal Misc M-29308 of 2009 filed by Mohinder Kaur are allowed and the interim bail granted to them on 21.10.2009 is made absolute.

Insofar as Harjit Singh - petitioner is concerned, it may be noticed that he was arrested in the case on 6.10.2009 and has been in custody since then. The injured - Sher Singh remained in hospital for about 22 days and has since been discharged.

Learned Counsel for the State and the complainant have opposed the application for bail. It is submitted that he has caused grievous injuries. However, in my view, the trial in the case is likely to take time. The allegations against Harjit Singh are to be proved and established during the course of the trial.

Keeping in view the fact that the injured has been discharged from the hospital and the petitioner himself has been in custody from 6.10.2008, it would be just and expedient that if the concession of bail is granted to him.

Accordingly, Criminal Misc-M-32978 of 2009 is allowed and Harjit Singh - petitioner, on his furnishing personal bond and surety to the satisfaction of CJM, Amritsar, shall be admitted to bail.