Mohan Singh vs State of Punjab

Tejinder Singh Dhindsa, J.—This order shall dispose of the present petition preferred u/s 439 of the Code of Criminal Procedure praying for grant of benefit of regular bail to the petitioner in FIR No. 43 dated 31.1.2011, under Sections 307, 323, 148, 149 of the Indian Penal Code and Sections 25, 57, 54, 59 of the Arms Act (added later on Section 302 of the Indian Penal Code), registered at Police Station Samana, District Patiala.

Counsel for the parties have been heard.

The instant FIR was registered at the instance of Major Singh son of Kundan Singh. As per prosecution version, the occurrence is of 31.1.2011 in which Lakhwinder Singh had received gun shot injuries and subsequently died. As per allegations, Malkiat Singh armed with a pistol and Mohan Singh present petitioner armed with rifle had fired towards the complainant as also his companion, namely, Lakhwinder Singh. Initially, case was registered under Sections 307, 148, 149 IPC read with Sections 25, 27, 54, 59 of the Arms Act, but on account of Lakhwinder Singh succumbing to his injuries and having expired, offence u/s 302 of the Indian Penal Code was added.

It has gone undisputed that the investigation in the case has been completed and the challan has been presented on 28.4.2011. Learned counsel appearing for the petitioner would refer to the statement of complainant Major Singh, who has appeared as PW1.

A perusal of the statement would, in itself, reveal that Major Singh has been shifting his stand constantly. In the initial statement made by Major Singh, which led to the registration of the present FIR, Major Singh has attributed a lalkara to the present petitioner as also Malkiat singh and has further alleged that shots have been fired by both Malkiat Singh as also Mohan Singh i.e. the present petitioner. However, during the course of recording of his statement before the Court, Major Singh has stated that the firing of shots was done by Malkiat Singh and one Pargat Singh. No allegation against the present petitioner insofar as firing is concerned, has been made.

It has also gone uncontroverted that co-accused Malkiat Singh has been granted the benefit of regular bail by this Court vide order dated 23.4.2014 passed in CRM No. M-8869 of 2014.

It is a case of version and cross-version. The petitioner has been in custody since 10.2.2011. It is not the case made out on behalf of the State that in case the benefit of regular bail is granted to the petitioner, he would be in a position to hamper the course of trial.

Keeping in view the incarceration that the petitioner has already suffered and without making any observations as regards the merit of the case, present petition is allowed.

Bail to the satisfaction of the trial Court.

Disposed of.