Karanbeer Singh @ Karandeep Singh vs State of Punjab

Amarjot Bhatti, J

The petitioner(s) – Karanbeer Singh alias Karandeep Singh, Surajpreet Singh alias Suraj (minor) and Gurbir Singh alias Vansh have filed separate petitions for grant of anticipatory bail in cross case DDR No.32 dated 09.10.2023, under Sections 307, 452, 324, 323, 148, 149 of IPC, 1860 and Sections 25, 27 of Arms Act, 1959, registered in FIR No.

105 dated 28.09.2023, under Sections 307, 452, 148, 149, 201 of IPC, 1860 read with Sections 25, 27 of Arms Act, 1959, registered at Police Station Khalra, District Tarn Taran. These petitions have arisen out of same DDR, therefore, these petitions are taken up together for disposal.

Facts of the case are that in FIR No. 105 dated 28.09.2023, under Sections 307, 452, 148, 149, 201 of IPC, 1860 read with Sections 25, 27 of Arms Act, 1959, registered at Police Station Khalra, District Tarn Taran cross version has been recorded bearing GD No.32 dated 09.10.2023 on the statement of Jatinder Singh alias Mithu who gave his statement that on 27.09.2023, he along with Gurnam Singh and Karan Singh were sitting in the house of Sham Singh. At about 6:30 PM, Madan Singh alias Maddi armed with dang, Mukhtiar Singh armed with kirpan, Gurbir Singh alias Vansh armed with pistol, Suraj Singh armed with kirpan, Karandeep Singh armed with 12 bore gun, Rinku Singh alias Lalla empty handed, Gurpreet Singh alias Chanan Singh armed with datar, Sukha Singh armed with datar, Sona Singh armed with kirpan along with 6-7 unidentified persons entered the house of Sham Singh raising lalkaras. Karandeep Singh started firing in the air with his gun and Gurpreet Singh gave datar blow on the person of Karan Singh which hit on his left little finger. Rinku Singh @ Lalla gave blow with sand slab which hit on the head of Gurnam Singh, Madan Singh alias Maddi gave dang blow which hit on the back of Gurnam Singh, Gurbir Singh alias Vansh fired from his pistol which hit on the right leg of Gurnam Singh. On alarm raised by them, the assailants ran away from the spot.

Learned counsel for petitioner – Karanbeer Singh @ Karandeep Singh in CRM-M-25815-2024 argued that petitioner is falsely implicated in this case. It is a case of version and cross version. Petitioner is ready to join the investigation and will abide by the terms of bail order. Petitioner was granted interim bail vide order dated 21.05.2024 and he has already joined the investigation. He has also referred to the bail orders in favour of Rajpal Singh, Jagjit Singh and Khushbeer Singh alias Akash Singh (Annexure P-3 to P-5) vide which accused in main FIR were granted bail by learned Additional Sessions Judge, Tarn Taran. He is still ready to join the investigation. Therefore, interim bail already granted in his favour may be confirmed.

Learned counsel for petitioner – Surajpreet Singh alias Suraj (minor) in CRM-M-35898-2024 argued that there is delay in recording of cross-version. No specific role is attributed to petitioner. Allegations levelled against him are false and without any basis. Arrest of petitioner was stayed vide order dated 29.07.2024 and he has already joined the investigation. He is still ready to abide by the terms of bail order.

Therefore, his anticipatory bail petition may be allowed.

Learned counsel for petitioner – Gurbir Singh alias Vansh in CRM-M-39947-2024 argued that no injury is attributed to the petitioner. He is falsely implicated in this case. It is a case of version and cross version. Petitioner is ready to join the investigation and will abide by the terms of bail order. Therefore, his anticipatory bail petition may be allowed.

Learned counsel representing State opposed the bail petitions. Separate status reports are filed in all the aforesaid bail petitions. It is argued that petitioner(s) – Karanbeer Singh alias Karandeep Singh and Surajpreet Singh alias Suraj (minor) who were granted interim bail did not cooperate with the investigating agency. Petitioner Gurbir Singh alias Vansh who fired gunshot on Gurnam Singh, is yet to be arrested. They are specifically named and alleged weapons of offence are yet to be recovered. Therefore, they are not entitled to be released on anticipatory bail.

I have considered the arguments and have gone through the record carefully. Facts of the case as referred above indicate that on the day of alleged occurrence Karanbeer Singh alias Karandeep Singh was armed with 12 bore gun and he fired in the air, Surajpreet Singh alias Suraj (minor) was armed with kirpan and Gurbir Singh alias Vansh was armed with pistol and he fired on Gurnam Singh hitting his right leg. Aforesaid weapons of offence are yet to be recovered. Without recovery of said weapons, investigation is incomplete. Petitioner(s) who were granted interim relief did not fully cooperate. Therefore, I do not find a fit case for grant of anticipatory bail.

Considering the aforesaid factual position, interim bail already granted in favour of petitioner- Karanbeer Singh @ Karandeep Singh in CRM-M-25815-2024 vide order dated 21.05.2024 and Surajpreet Singh alias Suraj (minor) in CRM-M-35898-2024 vide order dated 29.07.2024 stand vacated and all the aforesaid anticipatory bail petitions are accordingly declined.

Pending miscellaneous application(s), if any, stand disposed of accordingly as well.

Photocopy of this order be placed on the file of connected cases mentioned above.