SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(P&H) 692

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Arun Kumar Tyagi, J.
Lakhvir Singh @ Laki - Appellant
Versus
State Of Punjab - Respondent
CRM-M-34652-2020
Decided On : 25-01-2021

Advocates Appeared:
Mr. Atul Lakhanpal, Sr. Advocate with; Mr. Arjun Lakhanpal, Advocate for the petitioner in CRM-M-34652-2020; Mr. Manish Kumar Singla, Advocate for the petitioners in CRM-M-26282-2020; and CRM-M-43839-2020 ; Mr. Rana Harjasdeep Singh, DAG, Punjab for the respondent-State.

The court's decision to grant bail was based on the nature of the accusation, evidence, and potential trial delay due to Covid-19 restrictions.

Headnote:

Regular Bail - Murder - Code of Criminal Procedure, 1973 - Indian Penal Code, 1860 - Sections 120-B, 302, 34

Fact of the Case:

The petitioners filed for regular bail in a case involving the murder of Varinder Singh. The deceased was allegedly murdered by the petitioners and their co-accused due to a family dispute and illicit relations. The petitioners denied their involvement and sought bail.

Finding of the Court:

The court considered the nature of the accusation, evidence against the petitioners, and the likelihood of a prolonged trial due to Covid-19 restrictions. Without commenting on the case's merits, the court granted regular bail to the petitioners.

Issues: The main issues revolved around the petitioners' alleged involvement in the murder, the credibility of the dying declaration, and the gravity of the offenses.

Ratio Decidendi: The court's decision was influenced by the nature of the accusation, evidence against the petitioners, and the potential delay in trial due to Covid-19 restrictions.

Final Decision: The petitions were allowed, and the petitioners were granted regular bail on furnishing bail bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

JUDGMENT

Arun Kumar Tyagi, J (Oral) - Petitioners-Lakhvir Singh @ Laki, Harpreet Singh and Bahadur Singh have filed CRM-M-34652-2020, CRM-M-26282-2020 and CRM-M-43839-2020 respectively under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No. 103 dated 01.05.2020 registered under Sections 120-B and 302 read with Section 34 of the Indian penal Code, 1860 in Police Station Bhawanigarh, District Sangrur.

2. The above-said FIR was registered on statement of Parminder Singh @ Pindi. In his statement Parminder Singh @ Pindi alleged that Malkiat Kaur, sister of his mother, was married with his uncle Gurmail Singh and they have two sons Lakhbir Singh @ Lucky and Varinder Singh @ Bittu. Lakhbir Singh @ Lucky was married with Navpreet Kaur while Varinder Singh @ Bittu was married with Sandeep Kaur but his muklawa was yet to be performed. Sometime ago Lakhbir Singh @ Lucky murdered Nahar Singh, husband of the sister of his father, due to which he remained in jail. During the period of his detention, Manpreet Singh developed illicit relations with Navpreet Kaur, wife of Lakhbir Singh @ Lucky. Varinder Singh @ Bittu came to know about the same due to which enmity developed between Varinder Singh @ Bittu and Manpreet Singh. Sometime ago Lakhbir Singh @ Lucky stopped giving meal to his brother Varinder Singh @ Bittu and from that time, Varinder Singh @ Bittu started taking food at his house. On 30.04.2020 at about 7:30 p.m. when he was going to his field on his motorcycle he saw one car going towards the passage leading to their field and persons on two motorcycle stopped the car. In the light of the car he saw that they were Manpreet Singh who was armed with sword and Bahadur Singh, Gagandeep Singh @ Gagi and Harpreet Singh @Billa who were armed with dandas. Bahadur Singh and Harpreet Singh took out Dharmender Singh and Manpreet Singh took out Varinder Singh out of the car. Manpreet Singh inflicted sword blow in the stomach of Varinder Singh saying that he is being taught a lesson for stopping Navpreet Kaur from meeting him. Gangandeep Singh gave danda blow to Varinder Singh aiming his head which fell on his left hand due to raising of the hand. Bahadur Singh caught hold of Varinder Singh and threw him on the ground while Harpreet Singh @ Billa gave kick blows to Varinder Singh while he was lying on the ground. In the meanwhile, Balwinder Singh reached there on his tractor and on seeing him the assailants fled from the spot to Pattiwal Kalan along with their respective weapons and motorcycles. He, Balwinder Singh and Dharmender Singh took Varinder Singh in Swift car and got him admitted in Umeed Private Hospital, Sangrur where he died in the night. He was confident that murder of Varinder Singh has been committed by Lakhvir Singh and his wife Navpreet Kaur in connivance with Manpreet Singh and other assailants.

3. The petitioners being in custody since their arrest have filed the present petitions for grant of regular bail.

4. The petitions have been opposed by learned State Counsel in terms of reply filed by way of affidavit of Sh. Sukhraj Singh, PPS, Deputy Superintendent of Police, Sub Division Bhawanigarh, District Sangrur in CRM-M-34652-2020 and in terms of reply filed by way of affidavit of Sh. Gobinder Singh, PPS, Deputy Superintendent of Police, Sub Division, Bhawanigarh in CRM-M-26282-2020. However, no reply has been filed in CRM-M-43839-2020.I have heard Mr. Atul Lakhanpal, learned Senior Counsel for petitioner-Lakvir Singh @ Laki, Mr. Manish Kumar Singla, learned Counsel for petitioners-Harpreet Singh and Bahadur Singh and Mr. Rana Harjasdeep Singh, learned State Counsel and gone through the relevant record.

5. Learned Senior Counsel for petitioner-Lakhvir Singh @ Laki has submitted that the petitioner has been falsely implicated in the present case. The petitioner was not present on the spot and did not cause any injuries to the deceased. The petitioner was not involved in any conspiracy with

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top