Kashmir Singh vs State Of Punjab

H.S. Madaan, J

Case taken up through video conferencing.

By this order, the aforementioned petitions are decided being arising out of the same FIR. Petitioners Kashmir Singh and Gursewak Singh have filed

petitions No.CRM-M-42071-2020 and CRM-M No.43549-2020 respectively under Section 438 Cr.P.C., for grant of anticipatory bail, whereas,

petitioner Kulbir Singh @ Rana has approached this Court by way of filing petition CRM-M-916-2021 seeking regular bail, all of them being accused

in FIR No.58 dated 05.06.2020, for offences under Sections 304 and 34 IPC, registered with Police Station Khanauri, District Sangrur.

Briefly stated the prosecution story is that, criminal machinery in this case was set into motion by complainant Manpreet Singh son of Jeet Singh,

resident of Naya Gaon, District Sangrur, aged about 32 years, who in the statement got recorded with the police, narrated that on 05.06.2020, at about

8.00 AM, while he along with his father Jeet Singh was working in their fields, then Kashmir Singh son of Kandhara Singh along with his son

Gursewak Singh and brother Rana Singh, residents of Khang, District Patiala came there and addressing his father stated that one kila of land which

he had sold to them and he should give them passage adjoining to it, otherwise, they would cultivate the land of passage also; an altercation took place;

Gursewak Singh pushed Jeet Singh, due to which he fell down on the ground and died; the complainant raised alarm at which the assailants ran away;

on being taken to hospital, Jeet Singh was declared dead; after registration of the FIR, the investigation in the case started; accused Kulbir Singh was

arrested in this case.

Accused Kublir Singh had moved an application for grant of regular bail, whereas, other two accused, namely Gursewak Singh and Kashmir Singh

had filed petitions for grant of pre-arrest bail before the Court of Sessions at Sangrur, but, were unsuccessful. As such, petitioner/accused Kashmir

Singh and Gursewak Singh have knocked at the door of this Court seeking anticipatory bail, by way of filing separate petitions whereas, petitioner

Kulbir Singh has also filed a petition for regular bail before this Court. Notices of such petitions have been given to the State, which has put in

appearance through State counsel.

I have heard learned counsel for the parties besides going through the record.

Learned counsel for the petitioner has contended that it is a case of no injury and as per report of the medical board, the cause of death was failure of

left ventricular, myocardial congestion and chronic heart disease and the death was opined to be on account of natural cause. He has further

contended that a false FIR has been registered against the accused for the reason that before his death, the deceased had sold one acre of land to

Smt. Sukhjit Kaur wife of Kashmir Singh and the complainant in order to get the said land back has lodged the FIR against the present accused.

Gursewak Singh being aged 17 years is a juvenile. Both Kashmir Singh and Gursewak Singh have joined the investigation in terms of the directions

issued to them by this Court. No recovery is to be effected from them. Therefore, their petitions be accepted and they be granted pre-arrest bail.

With regard to Kublir Singh, learned counsel for the petitioner states that he is behind bars for about 02 months and 21 days; the investigation is still

going on; its completion, filing of challan and conclusion of the trial shall take considerable time, therefore, he be also granted regular bail. Ld. State

counsel, on instructions from ASI Gurdev Singh has admitted that Kashmir Singh and Gursewak Singh have joined the investigation, further stating that

since no recovery is to be effected from them, therefore, their custodial interrogation is not required.

Under the circumstances, I find it proper and appropriate to allow the petitions for grant of pre-arrest bail filed by Kashmir Singh and Gursewak Singh.

The same are accordingly allowed. The interim bail granted to the petitioner Kashmir Singh, vide order dated 18.12.2020 in CRM-M-42071-2020 and

to Gursewak Singh, vide order dated 23.12.2020 in CRM-M-43549-2020, is made absolute, subject to the following conditions:-

that the petitioners shall make themselves available for interrogation by a police officer as and when required;

that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to any police officer and;

that they shall not leave India without prior permission of the Court.

that they shall surrender their passports before the Investigating Officer and if they are not having passport, then, shall file the affidavits in that

regard.

As far as the petition for regular bail by Kulbir Singh @ Rana is concerned, the same is also allowed, in view of the detailed discussion above and that

the case is still at the stage of investigation, the completion of which may take some time and then on filing of challan, the conclusion of trial is also

likely to take considerable time; the guilt of the accused is to be determined during the trial, therefore, his further detention is not going to serve any

useful purpose, more so, when the co- accused has been granted the concession of pre-arrest bail. Petitioner Kulbir Singh @ Rana is ordered to be

released on bail on his furnishing bail bonds and surety bonds to the satisfaction of trial Court/CJM/Duty Magistrate, Sangrur, subject to the following

conditions:-

(i)he shall appear in the Court on each and every date of hearing;

(ii)he shall not give any threat or intimidation to the prosecution witnesses;

(iii)he shall not indulge in any criminal activity;

(iv)he shall not leave India without prior permission of the Court and shall surrender his passport, if he has got one, otherwise to furnish affidavit in that

regard;

In case, the petitioners violate any terms & conditions, on which the bail has been granted to them, the prosecution would be entitled to apply for

cancellation of bail.