Jaiveer Singh vs State Of Punjab

H. S. Madaan, J

This application for pre-arrest bail has been filed by petitioner Jaiveer Singh , aged about 19 years, an accused in FIR No. 248 dated 28.11.2019, for offences under Sections 323, 324, 506, 148, 149 IPC and Section 326 IPC added later on, registered at Police Station Rama Mandi, District Jalandhar Commissionerate.

Briefly stated, facts of the case, as per the prosecution story are that on 25.11.2019, at about 8.00 P.M. while the complainant Baldev Singh was working in his shop, then Jaiveer Singh - present petitioner alongwith Daman Bali, Anurag @ Anu and Sonu Kero, residents of village Dakoha and some other persons came to his shop on motorcycles. They were armed with kirpans. Jaiveer inflicted a blow with kirpan on head of the complainant, whereas Sonu Kero also gave a kirpan blow to the complainant hitting him on his head. When the complainant fell down, then Anurag, Daman Bali, Purav and their other accomplices gave blows hitting the complainant on his left arm and other parts of his body. When Amandeep, a friend of the complainant arrived at the spot, he raised alarm and then all the assailants ran away from the spot alongwith their respective weapons.

Apprehending his arrested in the case, the petitioner had approached the Court of Sessions at Jalandhar, seeking grant of pre-arrest bail, but his such petition was dismissed by learned Additional Sessions Judge, Jalandhar vide order dated 12.12.2019.

Feeling aggrieved, he had knocked at the door of this court seeking similar relief by filing CRM-M-18 of 2020. however, that petition was withdrawn by his counsel by making a statement and it was dismissed as withdrawn. Thereafter, the petitioner has filed the second similar petition, notice of which was given to the State of Punjab.

At the outset, the very maintainability of the present petition is suspect. The petitioner having withdrawn the first petition without stating anything as to why the same was being withdrawn and praying for grant of permission to file a fresh one, in that way, the second petition is not maintainable. Even otherwise, on merits also, the petitioner does not have any case. He is specifically named in the FIR. He is attributed three injuries with kirpan, two of the injuries being on the head of the complainant-injured and one on the left hand, which was declared to be grievous in nature. In that way, the petitioner is the main accused in the case.

As submitted by the State counsel, the petitioner is involved in another criminal case bearing FIR No. 37 of 13.2.2019, for offences under Sections 323, 341, 379, 427, 148, 149 IPC, registered with Police Station Rama Mandi, Jalandhar. That means, he has got a criminal past. The custodial interrogation of the petitioner is necessary to effect the recovery of weapon used in the incident and to find out as to how the incident was planned and executed. In case the custodial interrogation is denied to the Investigating Agency, that shall adversely effect the investigation, leaving many loop holes and flaws, which is uncalled for.

Keeping in view the totality of circumstances, the fact that he is stated to be aged about 19 years, does not help him in any manner and furthermore as regards the concession of bail granted to his co-accused Sonu Kero, that was regular bail and the injury attributed to him was simple in nature.

Therefore, finding no merit in the petition, the same stands dismissed.