Manpreet Singh @ Manjit Singh @ Manna vs State Of Punjab

Avneesh Jhingan, J

The matter is taken up for hearing through video conference due to COVID-19 situation.

These are two petitions seeking regular bail in FIR No. 133, dated 27.08.2018 under Sections 302, 148, 149, 427 (307, 201, 380 added later on) of the

Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (added later on) registered at Police Station Goindwal Sahib, District Tarn Taran and DDR No.15, dated 30.08.2018 under

Sections 302, 307, 427, 148 and 149 of the Indian Penal Code, 1860 and Sections 25 of the Arms Act, 1959.

The facts of the case are as under:-

The FIR was lodged on 27.08.2018 at the instance of Sukhwinder Kaur. Gurjant Singh son of the complainant left his house along with Bittu in his car

for an urgent work. When the complainant was coming from Gurdwara Bauli Sahib, she saw Gurjant Singh with Sahilpreet Singh in his Hyundai i-20

car bearing registration No. PB-02CU-9041. Little later, she saw Thar vehicle bearing registration No. CG-04HK-0086 driven by Iqbal Singh @

Afridi. There was another car following the Thar in which the occupants were Prabhjit Singh, Rubal, Robanjit, Kulwinder Kaur Patwaran, Gursewak

Singh and Pargat Singh to whom she knew because of her son. The Thar came in front of Hyundai i-20 car and stopped it. A lalkara was raised for

teaching lesson to Sahilpreet Singh for contesting the gram panchayat elections for the post of Sarpanch against Prabhjit Singh. Iqbal Singh @ Afridi

fired shots which hit the wind shield of the Car. Sahilpreet Singh and Gurjant Singh got down from the car to save themselves, they were shot at by

Iqbal Singh @ Afridi and his companions. Gurjant Singh received wound on his head. Sahilpreet Singh and a passerby also received injuries. The

occupants of the car following the Thar also fired, resultantly, Arshpreet Singh received the fire injury. Afridi was also injured in the firing. Gurjant

Singh was taken to Guru Nanak Dev Super Specialty Hospital, Tarn Taran, where he was declared dead. Sahilpreet Singh, Arshpreet Singh and

passerby also lost their lives due to injuries sustained.

The DDR was recorded on the basis of statement of Ravinder Iqbal Singh. On 27.08.2018 at 5:30 p.m., he went to Gurdwara Bauli Sahib on his

motorcycle. After parking the motorcycle, he went towards Gurdwara Sahib. Then two black Scorpio cars came whose registration number he could

not read. In one of the Scorpio, Gurlal Singh, Harpal Singh @ Bittu and 4-5 unknown persons were sitting. In the second Scorpio, Jagroop Singh,

Amritpal Singh and Manjit Singh @ Manna and 4-5 other unknown persons were there. They were armed with deadly weapons i.e. 315 bore rifle, 12

bore revolver and pistol. There was one Hyundai i-20 car bearing regsitration No. PB-02CU-9041 driven by Sahilpreet Singh. Gurlal Singh raised

lalkara that Rubal should be taught a lesson for joining Afridi gang. Iqbal Singh @ Afridi came in Thar Jeep bearing registration No. CH-04HC-0086

from Fatehabad side and Arshpreet Singh was sitting with him. There were 4-5 more vehicles behind him in which Prabhjit Singh Malhi, Robanjit

Singh and Gursewak Singh @ Bob, Pargat Singh and 4-5 armed persons came to protect him. Gurlal Singh fired 3-4 shots. One of the shot hit left

plank of the complainant. He ran towards Gurdwara Bauli Sahib, thereafter, there was heavy firing between both the groups. Arshpreet Singh fired

from his 315 bore rifle which hit on the chest of Arshpreet Singh. The shots fired by Gurlal Singh hit the passerby whose name was Dalbir Singh.

Gurjant Singh and Sahilpreet Singh received fire shots injuries. Thereafter, both the groups escaped and Sahilpreet Singh dragged himself towards his

Car during which his pistol fell down. The injured were taken to various hospitals. The motive behind the occurrence was that Gurlal Singh had

slapped and thrashed father of the complainant while Sahilpreet Singh and Gurjant Singh were his accomplices and it was only to show their strength

that the incident took place.

Learned counsel for the petitioner in CRM-M-13524-2019 submits that petitioner is in custody since 31.08.2018. His name is wrongly mentioned in

DDR as Manjit Singh, no role or injury is attributed to him. She claimed parity with co-accused who have been granted interim bail.

Learned counsel for the petitioner in CRM-M-51462-2019 submits that petitioner is in custody since 16.01.2019. Though the petitioner has been

named in the FIR but no role or injury is attributed to him. He seeks parity with other co-accused who are on bail.

It is further argued that in spite of long custody, only challan has been produced and trial is not proceeding further, even charges have not been

framed.

Learned State counsel opposes the prayer stating that there was cross firing between the parties which resulted in the death of four people including a

passerby.

Considering the facts and circumstances in totality and the fact that the State is not in a position to dispute parity with other co-accused namely

Amritpal Singh, Jagroop Singh and Jaspreet Singh who have been granted interim bail. Further petitioners have not been attributed injury or role and

trial is not likely to conclude soon. Petitioners are directed to be released on bail subject to furnishing of surety bonds to the satisfaction of Chief

Judicial Magistrate/ Duty Magistrate concerned.

The petitions are disposed of.