Raju and Another vs State of Punjab

Mehinder Singh Sullar, J.—As is evident from the record that first petition for anticipatory bail i.e. CRM No. M-13165 of 2014 filed by the petitioners was dismissed as withdrawn, vide order dated 23.4.2014 (Annexure P9) by this Court.

Now petitioners Raju son of Sardar Khan and Lala son of Gaffar Khan have preferred the instant 2nd petition for the grant of same concession of anticipatory bail, invoking the provisions of section 438 Cr.P.C., in a case registered against them along with their other co-accused, vide FIR No. 147 dated 13.11.2013, on accusation of having committed the offences punishable under sections 148, 302, 307, 323, 325 and 341 read with section 149 IPC by the police of Police Station Sadar, Ahmedgarh, District Sangrur.

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, there is no merit in the present 2nd petition for anticipatory bail in this respect.

Ex facie the arguments of learned counsel that the petitioners were found innocent by the police during the course of investigation and since they were summoned u/s. 193 Cr.P.C. to face the trial by the trial Court and have been falsely implicated in this case, so, they are entitled to the benefit of anticipatory bail, are not only devoid of merit but misplaced as well.

Tersely, the prosecution claimed that on 13.11.2013 at about 10 AM, as soon as, complainant Wakil Khan son of Sahanawaz along with his brothers Riaz Khan, Roop Khan and Ramzan @ Rama son of his maternal aunt, reached near the flour mill of accused Sardar Khan @ Bhola, in the meantime, the petitioners and their other co-accused surrounded and attacked them with sticks (lathis), gandasis and iron rod.

Leveling a variety of allegations and narrating the sequence of events, in detail in the FIR, in all, according to the prosecution that the petitioners and their other co-accused have hatched a criminal conspiracy, formed an unlawful assembly, armed with deadly weapons and repeatedly caused the injuries to Riaz Khan, injured PWs Roop Khan, Ramzan Khan alias Rama Khan, Moda and Riasat Ali with their respective weapons, culminating into the death of Riaz Khan (deceased).

Meaning thereby, very serious and glaring allegations of commission of murder of Riaz Khan are attributed to the petitioners. They are the main accused, who caused injuries to injured PWs and the deceased. The mere fact that the petitioners have managed to be exonerated with the connivance of the police, ipso facto, is not a ground, muchless cogent, to grant them the benefit of anticipatory bail in a case of grave and heinous offence of murder, particularly when taking into consideration their specific role and attribution of particular injuries, the trial Court has rightly summoned them as additional accused u/s. 193 Cr.P.C. to face the trial for the commission of offences punishable u/s. 148, 302, 307, 323, 325 and 341 read with section 149 IPC, by means of summoning order dated 6.3.2014 (Annexure P2). Therefore, to me, no ground, muchless cogent, for pre-arrest bail to the petitioners in a heinous and grave offence of murder etc. is made out. Hence, they are not entitled to the concession of anticipatory bail in the obtaining circumstances of the case.

No other point, worth consideration, has either been urged or pressed by the learned counsel for the petitioners.

In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of main case, as there is no merit, therefore, the instant 2nd petition for anticipatory bail filed by the petitioners is also hereby dismissed as such.

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 2nd petition for anticipatory bail in this relevant direction.