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2021 Supreme(P&H) 1272

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Ramandeep Singh - Appellant
Versus
State Of Punjab - Respondent
C.R. M-M No. 27745 of 2021
Decided On : 27-07-2021

Advocates Appeared:
Harpreet Arora, Advocate, Monika Jalota, Advocate

The court's decision was based on the potential influence on witnesses if the petitioner was enlarged on bail, highlighting the importance of ensuring witness protection and the integrity of the trial process.

Headnote:

Regular Bail - Criminal Procedure Code - The court dismissed the petition for regular bail based on the planned and well-armed nature of the accused, the infliction of firearm injuries, and the possibility of influencing witnesses if the petitioner is enlarged on bail.

Fact of the Case:

The petitioner sought regular bail in a case involving charges under Sections 307, 323, 447, 511, 148, 149 IPC and Section 25 and 27 of Arms Act, 1959, for inflicting firearm injuries on multiple individuals during a planned altercation.

Finding of the Court:

The court found that the accused had come to the spot in a planned manner and well-armed, inflicting firearm injuries, and that the trial was at an initial stage with the possibility of influencing witnesses if the petitioner was granted bail.

Issues: The issues involved the infliction of firearm injuries, the planned nature of the accused's actions, and the potential influence on witnesses if the petitioner was enlarged on bail.

Ratio Decidendi: The court's decision was influenced by the planned and well-armed nature of the accused, the infliction of firearm injuries, and the possibility of influencing witnesses if the petitioner was enlarged on bail.

Final Decision: The petition for regular bail was dismissed by the court.

JUDGMENT

Avneesh Jhingan, J. - The matter is taken up for hearing through video conference due to COVID-19 situation.

2. This is a petition under Section 439 of Cr.P.C. seeking regular bail in FIR No. 259, dated 17th October, 2020, under Sections 307, 323, 447, 511, 148, 149 IPC and Section 25 and 27 of Arms Act, 1959, registered at Police Station Sardulgarh, District Mansa.

3. The FIR was at the instance of Gagandeep Singh @ Gaggi (An army personnel). It was stated that on 17th October, 2020, the complainant alongwith Ranjit Singh, Pardeep Singh @ Akashdeep Singh, Vikram Das, Gulab Singh, Gurbhej Singh and Pala Singh had gone to harvest the paddy from the land of his mother and maternal aunt Paramjit Kaur. At about 3.00 PM one Fortuner car and one Skoda car bearing Nos. PB-31-N-8013 and CH-03-J-0808 respectively came and Ramandeep Singh (petitioner), Ajaib Singh, Gurdeep Singh, Avtar Singh, Manpreet Singh, Jashandeep Singh, Nahar Singh and Jasveer Singh came out of the vehicles. Ajaib Singh started hurling abuses and fired in air with his pistol, One of the shot fired by him hit on the chest of Gulab Singh. The petitioner fired from .12 bore gun, the pellets hit on the chest and neck of Ranjit Singh. The petitioner again fired and the pellets hit the right arm and left thigh of Ranjit Singh. The petitioner and Ajaib Singh fired more shots, which hit on the abdomen of Gurbhej Singh and the pellets hit on the right thigh, right wrist, left palm, left shoulder and chin area of Pardeep Singh. Jasveer Singh fired from a revolver which hit on the abdomen of Bikram Singh. Gurdeep Singh fired from his .12 bore gun injuring Gurbhej Singh. As per the complainant, he was threatened that they will teach him how to do the army job.

4. Learned counsel for the petitioner submits that there is no headway in case and the petitioner is in custody since 17th October, 2020. No recovery is to be made.

5. Learned State counsel opposes the prayer for grant of bail. She submits that the petitioner inflicted fire arm injuries to Ranjit Singh, Gurbhej Singh and Pardeep Singh. The contention is that there was free use of fire arms, number of shots were fired. The intention of accused is apparent from the number of injuries received by the other party. The petitioner is involved in two more FIRs under Sections 307, 323 and 325 IPC.

6. It is a case where all the accused had come to the spot in a planned manner and well-armed. The petitioner fired shots and inflicted fire arm injuries to Ranjit Singh, Gurbhej Singh and Pardeep Singh. The trial is at initial stage only. The challan was presented on 14th January, 2021, the complainant is yet to be examined. There is every possibility of witnesses being influenced if the petitioner is enlarged on bail.

7. The petition is dismissed.

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