Kuldeep Singh alias Deepa vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Kuldeep Singh alias Deepa son of Amarjit Singh has preferred the instant petition for the grant of concession of regular bail, invoking the provisions of section 439 Cr.P.C. in a case registered against him along with his other co-accused, namely, Chaman Singh, Gurpreet Singh alias Gopi, Pritpal Singh and Ravinder Singh alias Pali etc., vide FIR No. 67 dated 5.7.2013, on accusation of having committed the offences punishable under sections 302, 120B and 506 IPC (subsequently, the challan was presented u/ss. 304/149 IPC) by the police of Police Station S.B.S. Nagar.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.

Precisely, the prosecution claimed that on 5.7.2013, Chaman Singh son of Nazar Singh main co-accused of the petitioner, was driving the car, whereas the remaining co-accused were traveling in it, followed by Ravinder Singh @ Pali s/o. Harbhajan Singh and Gurpreet Singh alias Gopi s/o Gurdeep Singh on their Bullet motorcycle. It was claimed that main accused Chaman Singh rammed the car into Dharam Singh with the intention to kill him. Subsequently, Dharam Singh succumbed to his injuries. The petitioner was accompanying with main co-accused Chaman Singh in the car. Neither any specific role nor particular injury is attributed to the present petitioner in the initial version contained in the FIR. It is not a matter of dispute that during the course of investigation, main co-accused Chaman Singh, Ravinder Singh @ Pali and Gurpreet Singh alias Gopi were found innocent and were exonerated by the police. Petitioner was subsequently involved in this case only on the basis of supplementary statement dated 14.7.2013 of complainant Zail Singh Sarpanch. As to whether the first version contained in the FIR or second version mentioned in the supplementary statement of complainant Zail Singh is true or otherwise, inter-alia, would be a moot point to be decided during the course of trial by the trial court. Not only that, Gurvinder Singh alias Goga, co-accused of the petitioner, has already been granted the concession of regular bail by a Coordinate Bench of this Court (Rekha Mittal, J.), by virtue of order dated 19.12.2013, rendered in CRM No. M-42498 of 2013. In that eventuality, I see no reason not to grant the benefit of regular bail to the present petitioner under the similar set of circumstances.

Be that as it may, the petitioner was arrested on 23.7.2013. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. Since, even the charges have not yet been framed against the accused, so, the final conclusion of trial will naturally take a long time.

In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail filed by the petitioner is hereby accepted. He is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court.

Needless to mention that nothing observed, here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for regular bail only.