Corroborating evidence and the need for custodial interrogation in serious criminal cases.

JUDGMENT

Arvind Singh Sangwan, J. (Oral), - Prayer in this petition is for grant of anticipatory bail to the petitioners in FIR No.331 dated 02.09.2020 registered under Sections 302/307/506/148/149/34 of the Indian Penal Code, 1860 (in short 'IPC') and 25/27/54/59 of the Arms Act, 1959 at Police Station Chabal, District Tarn Taran.

Counsel for the petitioners has argued that the FIR was registered on the statement of Kulbir Kaur, mother of the deceased - Gurbinder Singh, with the allegations that on 01.09.2020 her son Gurbinder Singh had gone to the fields at about 08:15 PM and did not return home. Next morning at about 07:00 AM when the complainant came to know that her son Gurbinder Singh had gone to farmhouse (Haveli) where Manjinder Singh, Harpal Singh, Sehajpreet Singh, Heera Singh, Daljit Singh, Sarabjit Singh, Gurbir Singh, Ram Singh Namdharia, Jagga Singh, Amritpal Singh, Balwinder Kaur and Prabhjot Kaur came on their vehicles and forcibly took away her son towards the main road. On the turning of the road, her son Gurbinder Singh to whom Harpal Singh, Manjinder Singh, Sehajpreet Singh and Heera Singh, etc. caused injuries and the other accused were exhorting lalkara.

The complainant followed her son, when he was taken away from the Haveli and on seeing her, her son raised alarm 'maar ditta maar ditta'.

All the assailants took away the pistol and mobile phone of Gurbinder Singh and when she reached near him, she found that her son Gurbinder Singh had died. With the aforesaid allegations, the FIR was registered against the aforesaid accused persons.

Counsel for the petitioners has further submitted that thereafter, the police during the investigation recorded the statement of one Mandeep Kaur, who made a statement on 24.09.2020 i.e. after 24 days that her husband Jalabjit Singh had died 05 years ago and she is residing with her 9 years' old son. She had developed friendship with the deceased Gurbinder Singh, who used to visit her house occasionally. On 01.09.2020, Gurbinder Singh came to her house at about 11:30 PM and sat on her bed by keeping his pistol and cartridges belt on the table. When Gurbinder Singh was sleeping on the bed, somebody knocked the door and when she opened the door and found in the electric light that the petitioner No.1 - Gurdev Singh @ Bitta having a small turban cloth, petitioner No.2 Harjit Singh @ Jeetu having a datar and one Jagjot Singh @ Bawa, was having a rope in his hand were standing and she knew them earlier. Jagjot Singh @ Bawa pushed her and entered the room and in her present, Jagjot Singh @ Bawa removed the pistol and the belt containing cartridges and then put, the thin rope around the neck of Gurbinder Singh and all of them started pulling him with the thin rope and strangulated the neck of Gurbinder Singh, who later became unconscious. Gurdev Singh @ Bitta caught hold of his legs and hands and tied with a piece of cloth. Thereafter, all the 03 accused persons took away Gurbinder Singh from her house and threatened that if she informed anybody, they will murder her son. Out of fear, she did not inform this fact to anyone.

Counsel for the petitioner has further submitted that thereafter Jagjot Singh @ Bawa and both the petitioners were nominated in the case. Jagjot Singh @ Bawa was arrested on 24.09.2020, however in his disclosure statement, he did not give any clue about the pistol and cartridges but named the petitioners and thereafter, the petitioners were arrested and their disclosure statement was recorded. It is further submitted that the version given by the Mandeep Kaur, the eye-witness as they have given 02 different versions and therefore, the petitioners are entitled to get the benefit of bail.

In reply, counsel for the State has heavily opposed the prayer for bail on the ground that before registration of the case on 01.08.2020, Gurbinder Singh had come to the police and recorded his statement that he along with his friends Abhijot Singh and Jogbanjit Singh were returning to