10.2010 Kashmir Singh @ Feera & Anr. v. State of Punjab

Mr. I.P.S. Kohli, Advocate for the petitioners. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. *** S.S. SARON, J. This order will dispose of CRM No. M-5653 of 2010 filed by Kashmir Singh @ Feera and Baldev Raj @ Billo, CRM No. M-17270 of 2010 filed by Gurbhej Singh @ Bheja and Sukhjinder Singh @ Ladda and CRM No. M-27887 of 2010 filed by Balwant Singh @ Mak. The respective petitioners in the three petitions seek regular bail in case FIR No.167 dated 12.11.2009 registered at Police Station Crl. Misc. No. M-5653 of 2010 , [2] Crl. Misc. No. M-17270 of 2010 and Crl. Misc. No. M-27887 of 2010 Zira, District Ferozepur for the offences under Section 307 (added later on), 326, 324, 323, 148 and 149 IPC. The FIR in the case has been registered on the statement of Kulwant Singh son of Amar Singh. It is alleged by the complainant that on

07.11.2009 he had quarreled with Balwant Singh @ Mak (petitioner in CRM No. M-27887 of 2010). Said Balwant Singh along with his accomplices had caused injuries to the complainant. In this regard, the complainant had lodged a complaint against them and was under- treatment in Civil Hospital, Zira. On 10.11.2009 at about 7.00 a.m. while the complainant lay on his bed in the hospital. His father Amar Singh and his friend Balwant Singh son of Joginder Singh were also present with him there and were looking after him in the Civil Hospital, Balwant Singh @ Mak (petitioner in CRM No. M-27787 of 2010) armed with a ‘kirpan’, Sukhwinder Singh @ Laddi (petitioner No.2 in CRM No. M-17270 of 2010) son of Balwant Singh @ Mak armed with a ‘kappa’, Daljit Singh (non- petitioner) son of Balwant Singh armed with a ‘kappa’, Virsa Singh (non- petitioner) son of Ajaib Singh armed with a ‘kappa’, Gurbhej Singh (petitioner No.1 in CRM No. M-17270 of 2010) son of Nishan Singh armed with a ‘gandasi’, Baldev Raj (petitioner No.2 in CRM No. M-5653 of 2010) son of Inder Das armed with a ‘kirpan’, Devi Lal (non-petitioner) son of Baldev Raj @ Billu armed with a ‘Kappa’, Kashmir Singh @ Feera (petitioner No.1 in CRM No.M-5653 of 2010) son of Thakar Singh armed with Kappa, Sohan (non-petitioner) son of Fakir armed with a ‘gandasi’, Sarabjit Singh @ Sunny (non-petitioner) son of Sohan armed with a ‘gandasi’ residents of Behak Gujran came there in the hospital ward of the complainant. Balwant Singh @ Mak (petitioner in CRM No.M-27787 of 2010) raised a lalkara to teach a lesson to the complainant for abusing by the name of daughters. On this Sukhwinder Singh @ Laddi (petitioner) gave a kappa blow with an intention to kill the complainant which hit him on his right eye. Then Daljit Singh (non-petitioner) gave a ‘kappa’ blow Crl. Misc. No. M-5653 of 2010 , [3] Crl. Misc. No. M-17270 of 2010 and Crl. Misc. No. M-27887 of 2010 which hit on the right temporal region of the complainant. Sukhwinder Singh @ Laddi (petitioner No.2 in CRM No. M-17270 of 2010) again gave a ‘kappa’ blow with an intention to kill the complainant which hit him in the centre of the rear side of his head. Then Sohan (non-petitioner) son of Fakir gave a ‘gandasi’ blow which hit on the back side of the left elbow of the complainant. Then Devi Lal (non-petitioner) son of Baldev Raj @ Billu gave a ‘kappa’ blow which hit the complainant on the back side of his left elbow. Daljit Singh (non-petitioner) son of Balwant Singh gave a ‘kappa’ blow which hit on the back side of left elbow of the complainant. Sarabjit Singh @ Sunny (non-petitioner) son of Sohan gave a ‘gandasi’ blow which hit the complainant on the back side of his left elbow. Devi Lal (non-petitioner) gave a blow with the reverse side of a ‘kappa’ which hit the complainant on his left forearm. Virsa Singh (non-petitioner) gave a ‘kappa’ blow which hit on the back side of the left elbow of the complainant. Sarabjit Singh (non-petitioner) gave a ‘gandasi’ blow which hit a little below the right knee of the complainant. Virsa Singh (non- petitioner) gave a ‘kappa’ blow which hit the complainant on his left palm and fingers. Balwant Singh @ Mak (petitioner in CRM No. M-27787 of 2010) gave a ‘kirpan’ blow which hit on the left leg of the complainant. Baldev Raj @ Billu (petitioner No.2 in CRM No. M-5653 of 2010) gave two ‘kirpan’ blows which hit on the back side of the right elbow of the complainant. Then Sukhwinder Singh @ Laddi (petitioner No.2 in CRM No. M-17270 of 2010) gave a ‘kappa’ blow which hit on the back side of his right elbow. Kashmir Singh @ Feera (petitioner No.1 in CRM No. M- 5653 of 2010) gave a ‘kappa’ blow which hit on the right shoulder of the complainant. Sohan (non-petitioner) gave a ‘gandasi’ blow which hit on the back side of the right shoulder of the complainant. Kashmir Singh @ Feera (petitioner No.2 in CRM No.M-5653 of 2010) gave another ‘Kappa’ blow which hit the complainant on his right wrist. Virsa Singh (non- petitioner) gave a ‘kappa’ blow which the complainant on the back side of Crl. Misc. No. M-5653 of 2010 , [4] Crl. Misc. No. M-17270 of 2010 and Crl. Misc. No. M-27887 of 2010 his right hand. Then the complainant raised a hue and cry of ‘mar ditta mar ditta’. Then his friend Balwant Singh and his father called employees of the Civil Hospital and relatives of the patient who was admitted then the accused ran away from the spot along with their respective weapons by raising lalkaras. The doctor on duty at the spot after dressing the wounds referred the complainant to Guru Gobind Singh Medical College, Faridkot as there were multiple injuries. Earlier also there was a fight with the above-mentioned persons, due to which they have inflicted injuries on the complainant. Some of the accused in the case, namely, Balwant Singh @ Mak (petitioner in CRM No. M-27787 of 2010), Devi Lal and Virsa Singh had earlier filed Crl. Misc. petitions in this Court for grant of pre-arrest bail which was dismissed by this Court vide order dated 2.2.2010. The accused were thereafter arrested and the present petitions have been filed for grant of regular bail. The accused Kashmir Singh @ Feera (petitioner No.1 in CRM No. M-5653 of 2010) and Baldev Raj @ Billu (petitioner No.2 in CRM No. M-5653 of 2010) are in custody since 16.11.2009. Kashmir Singh @ Feera (petitioner No.2 in CRM No.M-5653 of 2010) was armed with a ‘kappa’ and gave a blow with it which hit the complainant on his right wrist. Baldev Raj @ Billu (petitioner No.2 in CRM No.M-5653 of 2010) is attributed two ‘kirpan’ blows on the back side of the right left elbow of the complainant. The accused Gurbhej Singh @ Bheja and Sukhwinder Singh @ Laddi (petitioners No.1 and 2 in CRM No. M-17270 of 2010) are in custody since 15.1.2010 and 15.3.2010. Gurbhej Singh @ Bheja (petitioner No.1 in CRM No. M-17270 of 2010) was armed with a ‘gandasi’ and is in custody since 15.1.2010. He is said to have given a `Gandasi' blow on the back of head. Sukhjinder Singh alias Ladda (petitioner No.2 in Criminal Misc. No.M-17270 of 2010) is in custody since

15.1.2010 and is said to have given a `Kappa' blow with an intention to kill Crl. Misc. No. M-5653 of 2010 , [5] Crl. Misc. No. M-17270 of 2010 and Crl. Misc. No. M-27887 of 2010 complainant Kulwant Singh which hit above his right eye. Balwant alias Mak (petitioner in Criminal Misc. No.M-27887 of 2010) gave a `Kappa' blow on the left knee of the complainant and he gave a `Kirpan' blow on the left leg of the complainant. The complainant has named 10 accused in the FIR, however, in an inquiry that was conducted, three persons, namely, Virsa Singh, Balwant Singh and Daljit Singh were found innocent. The trial in the case is likely to take as no prosecution witness has been recorded. There is a substantial delay in the registration of the FIR. The incident had occurred at 7.00 a.m. on 10.11.2009 whereas the FIR was registered at 6.00 p.m. on 12.11.2009. The incident had occurred in the Civil Hospital at Zira and, therefore, it was liable to be reported soon. The delay in registration of FIR according to the counsel for the petitioners is to inflate the case and rope in more persons. The two persons, who are said to have been present with the injured are not shown to have received any injury and neither has it been shown that they had intervened to rescue the injured. The fact that pre-arrest bail has been declined is not of much significance as parameters of grant of pre-arrest bail and regular bail are entirely different. In the circumstances, the respective petitioners on their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Ferozepur shall be admitted to bail. Nothing observed herein shall be construed to be an expression of opinion on the merits of the case. The criminal miscellaneous petitions stand disposed of. October 7, 2010. *amit/hsp* (S.S. Saron) Judge