Jagmeet Singh @ Raja vs State Of Punjab

Arun Kumar Tyagi, J

(The case has been taken up for hearing through video conferencing.)

The petitioner has filed the present (first) petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR

No.137 dated 25.09.2019 registered under Sections 302, 323 and 148 read with Section 149 of the Indian Penal Code, 1860 at Police Station Khuian

Sarwar, District Fazilka.

The above said FIR was registered on statement of Pamma Singh who alleged that on 24.09.2019, he and his son Bita Singh along with Sarbpreet

Singh and Surinder Singh went to the house of accused Alamdeep Singh to make him understand not to beat his wife Sukhdeep Kaur. On reaching the

house of accused Alamdeep Singh, they saw him beating his wife. Raja brother of accused Alamdeep Singh was also present in the house and on

calling by accused Alamdeep Singh, Baby and Lakhwinder Singh who were armed with dang and Babu Singh and Akashdeep Singh also came there.

When they asked Alamdeep Singh not to give beating to Sukhdeep Kaur, Alamdeep Singh got annoyed and inflicted blow with stick on the head of his

son Bita Singh who fell down. Companions of accused Alamdeep Singh raised lalkara for causing more injuries to him. Bita Singh was taken to Civil

Hospital Abohar where he was declared brought dead.

The petition has been opposed by the learned State counsel. However, no reply has been filed by the respondent-State.

I have heard learned counsel for the petitioner and learned State counsel and gone through the relevant record.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case. The petitioner was not armed with any

weapon and no overt-act is attributed to the petitioner. There are general allegations of raising lalkara to cause injuries to the deceased. There is only

one injury on the person of the deceased which is attributed to co-accused Alamdeep Singh. Co-accused Babu Singh has already been granted bail by

this Court vide order dated 25.08.2020 passed in CRM-M-19717-2020. The trial is likely to take long time due to restrictions imposed to prevent the

spread of infection of Covid-19 and no useful purpose will be served by further detention of the petitioner in custody during trial. Therefore, the

petitioner may be granted regular bail.

On the other hand, learned State counsel has argued that the petitioner is accused of having raised lalkara for causing more injuries to Bita Singh and

to have actively participated in his murder. In view of the gravity of accusation, the petitioner does not deserve grant of regular bail. Therefore, the

petition may be dismissed. Keeping in view the facts and circumstances of the case, nature of accusation, role attributed to the petitioner, parity with

co-accused Babu Singh who has been granted bail by this Court vide order dated 25.08.2020 and the fact that the trial is likely to take long time due to

restrictions imposed to prevent the spread of infection of Covid-19 but without commenting on the merits of the case, I am inclined to extend the

concession of regular bail to the petitioner.

Therefore, the petition is allowed and the petitioner is ordered to be released on regular bail on furnishing of personal and surety bonds to the

satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.