JUDGMENT :

MANOJ BAJAJ, J.

1. The petitioners are accused in two different crime cases and have filed their separate petitions under Section 439 Cr.P.C. for grant of regular bail, during the pendency of the trial. Accused-Pankaj Kumar @ Panki is an accused in FIR No. 211 dated 21.08.2019 registered under Sections 302, 307, 148 and 149 Indian Penal Code, 1860 at Police Station Salem Tabri, District Ludhiana and is in custody since his arrest on 22.10.2019, whereas accused-Dalbir Singh was arrested on 22.03.2020 in FIR No. 13 dated 22.03.2020 registered under Sections 302, 34 and 120-B Indian Penal Code, 1860 at Police Station Kotli, Surat Mallian, Police District Batala.

2. Though the prayer in each petition is to be considered independently, as the petitioners are neither the co-accused nor the two occurrences have any connection, however, during the course of hearing, the procedure of investigation adopted by state police in the above cases was found to be similar and extremely strange, which claimed the attention of the Court, therefore, the above cases are being decided through this common judgment.

3. The facts in brief, of the above cases are noticed here below, separately:

CRM-M-16013-2020

4. Petitioner-Pankaj Kumar @ Panki is an accused in FIR No. 211 dated 21.08.2019 registered under Sections 302, 307, 148 and 149 IPC, at Police Station Salem Tabri, District Ludhiana (Annexure P-1), recorded on the statement of complainant-Manpreet Singh, wherein it was alleged that on 20.08.2019, complainant alongwith his friend Amandeep, uncle-Surinder Singh @ Kaka was going to Neta Nagar in their car. Then at about 8.00 p.m. 8-10 persons, namely, Jinder, Bala, Phatak, Gagu, Bedi, Gagan, Sheela, Panki, Peeta, Jiya started following them. They all were armed with baseball bats, kirpan and datar. They all stopped complainant’s car and pulled them out. Panki (petitioner) exhorted and gave baseball bat blows on the head of Surinder Singh, who fell down and turned unconscious. Nitesh Bedi, Bala, Tinder, Pathak, Gaggu gave datar and baseball bat blows to complainant. Amandeep was given severe beatings by Gagan, Sheela, Peeto, Jiya with their respective weapons. On hearing the noise, people gathered there and on seeing them, the accused persons along with their weapons ran away from the spot. The complainant informed his relatives, who rushed the victims to Civil Hospital, Ludhiana, where complainant’s uncle Surinder Singh was declared dead.

5. According to the prosecution, the supplementary statement of complainant was recorded on 24.08.2019, whereupon accused Gurkamal Singh @ Tillu was arraigned as an accused and similarly Rattan Singh @ Aman was also indicted as an accused on 12.09.2019.

6. The petitioner has pleaded that he has been falsely implicated in the above FIR as he was not involved in the alleged occurrence and the charge sheet under Section 173 (2) Cr.P.C. filed on 21.11.2019 against him lost significance, in view of the subsequent inquiry report. It is the case of the petitioner that his mother, namely, Santosh wife of Kamal Kishore submitted an application bearing CR No. 1655305 dated 19.09.2019 on his behalf to the Commissioner of Police, District Ludhiana for initiating inquiry regarding his innocence and the same was marked to Additional Deputy Commissioner, Police Investigation, Ludhiana. After conclusion of inquiry, it was found that petitioner and his co-accused, namely, Deepak Kumar, Nitesh Kumar @ Bedi and Gurkamal Singh @ Tillu were not involved in the alleged occurrence and on the basis of the said inquiry report, an application dated 02.02.2020 (Annexure P-2) was filed by SHO, Police Station, Salem Tabri before the trial Court for discharge of the petitioner. The zimni orders passed by trial Court on the application are Annexure P-3 to P-5.

7. During the course of hearing, on 17.11.2020, learned State counsel had prayed for time to seek instructions in respect of grounds raised by the petitioner, and subsequently filed aff