Balwant Singh and another v. State of Punjab

Mr. R.S. Sandhu, Advocate for the petitioners in Crl. Misc. No. M-35965 of 2009 (O&M). Mr. B.S. Bhalla, Advocate for the petitioner in Crl. Misc. No. M-238 of 2010. Mr. Shilesh Gupta, DAG, Punjab Mr. S.K. Arora, Advocate for the complainant. *** S.S. SARON, J. Crl. Misc. No. M-35965 of 2009 (O&M) and [2] Crl. Misc. No. M-238 of 2010 (O&M) This order will dispose of Crl. Misc. No. M-35965 of 2009 filed by Balwant Singh son of Hazara Singh and Devi Lal son of Balraj and Crl. Misc. No. M-238 of 2010 filed by Virsa Singh son of Ajaib Singh. The said petitions arise out of the same FIR No.167 dated 12.1.2009 registered at Police Station Zira, District Ferozepur for the offences under Sections 307, 326, 324, 323, 148/149 Indian Penal Code (“IPC” – for short). The petitioners Balwant Singh and Devi Lal as also Virsa Singh seek pre-arrest bail in the aforesaid case which has been registered on the statement of Kulwant Singh son of Amar Singh. It is alleged by the complainant that on 7.11.2009 he had quarrelled with Balwant Singh @ Makk son of Hazara Singh who along with his friend had caused injuries. The complainant Kulwant Singh was admitted in the Civil Hospital, Zira for treatment and he had got the aforesaid case registered against the accused. On 10.11.2009 at about

7.00 am while the complainant lay on his bed of the hospital and his friend Balwant Singh son of Joginder Singh was also present there looking after him, Balwant Singh (petitioner No.1 in CRM No. M- 35965 of 2009) armed with a ‘kirpan’, Sukhwinder Singh @ Laddi son of Balwant Singh armed with a ‘kappa’, Daljit Singh son of Balwant Singh armed with kappa, Virsa Singh son of Ajaib Singh armed with Kappa, Gurbhej Singh son of Nishan Singh armed with gandasi, Baldev Raj armed with kirpan, Devi Lal son of Baldev Raj @ Billu armed with Kapa, Kashmir Singh @ Feera son of Thakar Singh armed with Kappa, Sohan son of Fakir armed with gandasi, Sarabjit Singh @ Sunny son of Sohan armed with gandasi residents of Crl. Misc. No. M-35965 of 2009 (O&M) and [3] Crl. Misc. No. M-238 of 2010 (O&M) Behak Gujran came there in the hospital ward of the complainant. Balwant Singh raised a lalkara to teach a lesson to the complainant for abusing by the name of daughters. On this Sukhwinder Singh @ Laddi gave a kappa blow with an intention to kill him which hit him on his right eye. On this the assailants caused injuries to the complainant. Balwant Singh (petitioner No.1 in CRM No. 35965 of 2009) is stated to have been given a kappa blow on the complainant which hit him on his left knee, then he gave a kirpan blow which hit him on the left leg. Devi Lal (petitioner No.2 in CRM No.M- 35965 of 2009) was armed with kappa and he gave a kappa blow on the back side of left elbow of the complainant. Virsa Singh (petitioner in Crl. Misc. No. M-238 of 2010) gave a kappa blow which hit on the back of left elbow of the complainant. Besides, he also gave a kappa blow which hit on the complainant’s left palm and fingers and also on the back of his right hand. Mr. R.S. Sandhu, Advocate appearing for the petitioners Balwant Singh and Devi Lal in Crl. Misc. No. M-35965 of 2009 and Mr. B.S. Bhalla, Advocate appearing for the petitioner Virsa Singh in Crl. Misc. No. M-238 of 2010 have contended that there is a delay of 59 hours in the registration of the case from the date and time of the incident. Therefore, the version has been inflated. Besides, it is submitted that the injuries attributed to the petitioners are on non- vital parts of the injured Kulwant Singh and are simple in nature. Therefore, it cannot be said that the petitioners in the respective petitions had committed the offence under Section 307 IPC. Mr. R.S. Sandhu, Advocate appearing for the petitioner No.1 Balwant Singh in Crl. Misc. No. M-35965 of 2009 has further submitted that Balwant Crl. Misc. No. M-35965 of 2009 (O&M) and [4] Crl. Misc. No. M-238 of 2010 (O&M) Singh (petitioner No.1) at one place is stated to be armed with a kappa and then he is also stated to be armed with a kirpan. Therefore, the said discrepancy shows that he has been falsely implicated. In any case, it is submitted that Balwant Singh (petitioner No.1 in CRM No. M-35965 of 2009) at the time of the alleged incident was admitted in the General Hospital, Sector-16, Chandigarh which is evident from the medical record of General Hospital, Chandigarh attached as Annexures P2 to P8. It is also contended that the petitioners in consequence of the interim bail granted on 21.12.2009 have joined the investigation and therefore, their custody is not required for the purposes of investigation. In response, learned State counsel and the complainant have submitted that the petitioners had caused several injuries on the person of the complainant Kulwant Singh while he was admitted in the hospital after the incident in which injuries were caused to him on

7.11.2009. It is submitted that the accused had caused as many as 22 injuries on the person of the complainant Kulwant Singh while he was admitted in the hospital. It is submitted that information regarding the incident which occurred in the Civil Hospital, Zira was given by Dr. Inderjit Singh, Emergency Medical Officer (EMO), Civil Hospital, Zira and the time of occurrence has been mentioned as 6.30 am on 10.11.2009. Besides, it is submitted that there are three more FIRs registered against the petitioners Balwant Singh and Devi Lal (petitioners No.1 and 2 in Crl. Misc. No. M-35965 of 2009). It is also submitted that Kulwant Singh injured is under treatment in Dr. Hardas Singh, Orthopaedic Hospital and Super-Specialty Research Centre and it has been stated that he is still under treatment in the said Crl. Misc. No. M-35965 of 2009 (O&M) and [5] Crl. Misc. No. M-238 of 2010 (O&M) hospital and that he is an old operated case of injury hands. There was partial movements of left hand and no movements of right hand. I have given my thoughtful consideration to the contentions of the learned counsel appearing for the parties. The facts and circumstances of the case are that the complainant Kulwant Singh was on 10.11.2009 at 6.30 a.m. admitted in the Civil Hospital, Zira after injuries were caused to him in the incident that occurred on

7.11.2009. While he was admitted in the hospital, the petitioners in the respective petitions along with others came and caused injuries to him in the hospital. The fact of the said incident having occurred is intimated by Dr. Interjit Singh, Medical Officer, Civil Hospital, Zira. Learned counsel for the petitioners have laid considerable emphasis on the fact that on the basis of the information as given, the FIR was registered 59 hours thereafter. In my view, this aspect is not to be gone into at this stage. Even otherwise the prompt lodging of a FIR is not an unmistakable guarantee for the truthfulness of the prosecution version nor is delay always fatal. This aspect is to be gone into at the appropriate stage of investigation or trial. The question as to the weapon being carried by Balwant Singh (petitioner No.1 in Crl. Misc. No. M-35965 of 2009) is not to be gone into at this stage. A perusal of the medical report of Kulwant Singh shows that he had suffered 22 injures out of them injuries No.4, 9, 10, 13, 21 and 22 are grievous in nature. The other injuries were simple in nature. Later on injury No.1 was also declared as grievous. Although the grievous injury are not attributed to the petitioners but nevertheless the petitioners are stated to be part of the assailants who Crl. Misc. No. M-35965 of 2009 (O&M) and [6] Crl. Misc. No. M-238 of 2010 (O&M) had attacked Kulwant Singh while he was admitted in hospital for his treatment. The fact that if a person is under treatment in a hospital, it is expected that he would be safe in the custody of the hospital and if an attack is made in the hospital itself, the same would not entitle the assailants to the grant of concession of pre-arrest bail. Places like hospitals and court complexes are places, where persons can come without fear of any harm being caused to them. However, if a person is attacked in the precincts of a hospital a sense of insecurity would prevail amongst the people or a section of the people. Therefore, in order to maintain the confidence and security amongst the persons visting hospitals and more particularly for treatment, it would be just and expedient that assailants causing injuries to persons in the hospitals should not normally be entitled to the concession of pre- arrest bail. Mr. R.S. Sandhu, Advocate appearing for the petitioners Balwant Singh and Devi Lal has also laid considerable emphasis on the fact that Balwant Singh was admitted in the General Hospital, Sector-16 at Chandigarh as he was suffering from urinary infection and chest pain. According to Mr. Sandhu, he was admitted in the hospital on 10.11.2009 at 7.00 am. However, at this stage, no sufficient explanation has been given as to why the petitioner would come from Zira to Sector-16, Chandigarh. In case he indeed had urinary infection a pain in the chest, he would in all probability get himself examined even at Ludhiana, which is on the way and has many hospitals. Besides, a perusal of the original copy of OPD Card (Annexure P3) which has been shown, shows that there is something written below the prescription made by the doctor and the same has Crl. Misc. No. M-35965 of 2009 (O&M) and [7] Crl. Misc. No. M-238 of 2010 (O&M) been obscured by overwriting. Even otherwise, the father’s name of Balwant Singh is not mentioned in any of the medical record. Moreover, the ECG though showed to have been done on 10.11.2009 at 7.16 am, the name “Balwant Singh” has been written in hand, even though the same the other contents like time and date are computerized print outs. Therefore, this aspect would require to be considered and gone into by the investigating authorities during the course of investigation and it is for them to consider whether Balwant Singh (petitioner No.1) was indeed in the Government Multi- Specialty Hospital, Sector-16, Chandigarh on 10.11.2009 as has been alleged. This Court is not to carry out parallel investigation in this regard. In the afore-noticed circumstances, keeping in view the nature of allegations and the place of incident i.e. Civil Hospital, Zira where the complainant Kulwant Singh was admitted for treatment, no ground for grant of pre-arrest bail is made out. Accordingly, the Crl. Misc. petitions i.e Crl. Misc. No. M-35965 of 200 and Crl. Misc. No. M-238 of 2010 are dismissed. However, nothing observed herein shall be construed as an expression of opinion on the merits of the case and the investigation and the Court as the case may be shall deal with the matter uninfluenced by any observations made herein. February 2, 2010 (S.S. SARON) JUDGE