Varinderpal Singh @ Vicky vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1509

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J.
Varinderpal Singh @ Vicky – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 44375 of 2022
Decided On : 25-04-2023

Advocates appeared:
For the Parties : Mr. B.S. Jaswal, Mr. Kirat Singh Sidhu DAG, Punjab

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Regular bail petition - Accused charged under various sections of the IPC and Arms Act for conspiracy and attempted murder - Although accused allegedly harbored shooters, he is not one of the assailants, and has been in custody since 28.10.2021 without any witness examination. (Paras 12-14)

(B) Bail - Grant of bail is appropriate when the accused is not a principal offender and has been in custody for a significant period without trial progress, particularly where co-accused have been granted bail. (Paras 12-16)

Facts of the case:
The FIR registered on 04.08.2021 followed a shooting incident leading to serious injuries and subsequent death of one victim. The accused was implicated in the conspiracy, not as a direct assailant, and has been in custody since October 2021 with no witnesses examined.

Findings of Court:
The court found the continued incarceration of the accused unnecessary given his status and the ongoing delays in the trial process.

Issues: The key issues addressed are whether the accused should be granted bail considering he was not a shooter and his prolonged custody without trial.

Ratio Decidendi: The court reasoned that the petitioner’s ongoing jail time without trial examination, alongside co-accused having received bail, warranted bail for him as well.

Result: Petition allowed.

Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. arguments of the parties regarding bail (Para 12 , 13)
3. court's analysis on eligibility for bail (Para 14 , 15)
4. decision granting bail (Para 16)
5. conditions and conclusion of the order (Para 17 , 18 , 19)

Judgment

Mr. Jasjit Singh Bedi, J.

The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.135 dated 04.08.2021 registered under Sections 307/148/149 of IPC, 1860 ( Sections 302 /212/216/120-B of IPC added later on) and Sections 25 /27 of ARMS ACT , 1959 at Police Station Majitha Road, District Amritsar.

2. The brief and relevant facts of the case are that the aforesaid case FIR No.135 dated 04.08.2021 was registered on the statement of the complainant-Satyavarnjit Singh, who alleged that on 03.08.2021, he along with Rajbir Singh had come to K.D. Hospital, Amritsar to know the well being of Khushveen Kaur resident of their village, who was admitted in the ICU of K.D. Hospital, Amritsar. After meeting her, they sat on chairs outside the ICU and at about 07.00 PM, his son Ranbir Singh @ Rana and a friend Tejbir Singh also came there to know the well being of Khushveen Kaur. At about 07.15 PM, they came out of the ICU after meeting her and in the meantime, 4/5 unknown armed persons came there through the stairs and started firing gunshots with their pistols and revolvers at his son Ranbir Singh @ Rana and Tejbir Singh. Arun Kumar, Security Guard of the hospital tried to restrain them but the assailants fired gunshots at him also, which hit his right shoulder. His son Ranbir Singh @ Rana sustained gunshot injuries on his head, chest and leg and Tejbir Singh received gunshot injuries on his back and hand and they got drenched in a pool of blood. He further alleged that the aforesaid assailants ran away from the spot while firing gunshots with their respective weapons and he got his son and Tejbir Singh admitted in the hospital. He was confident that Jagdeep Singh @ Jaggu Bhagwanpuria was behind the attack upon his son Ranbir Singh @ Rana and Tejbir Singh, because he (Jagdeep Singh @ Jaggu) had an old enmity with his son. He further alleged that Jagdeep Singh @ Jaggu (co-accused) had got attacked his son and Tejbir Singh through his (Jagdeep Singh @ Jaggu Bhagwanpuria’s) associates Mani Rayya, Jagroshan Hundal and other unknown persons.

3. Subsequent to the registration of the FIR, the injured Ranbir Singh Rana succumbed to his injuries during treatment at K.D Hospital, Amritsar on 04.08.2021 and the offence under Section 302 IPC was added in the case vide G.D No. 13 dated 04.08.2021.

4. During the course of investigation, the statement of the injured Tejbir Singh was recorded on 04.08.2021 by the Investigating Officer, wherein he reiterated the allegations made by the complainant Satyavarnjit Singh and asserted that co-accused Jagdeep Singh @ Jaggu Bhagwanpuria had planned the attack upon him and the deceased Ranbir Singh @ Rana through his accomplices Mandeep Singh @ Manni Rayya, Mandeep Toofan, Jagroshan Hundal and other unknown persons.

5. Thereafter, the accused Nanit Sharma @ Sourav was arrested on 07.08.2021 (he has been granted bail vide order dated 19.07.2022 (Annexure P-4) passed in CRM-M-13252-2022 and a car No. PB06-AQ-4571 (i-20) was recovered from him and offences under Sections 212 , 216 & 120-B IPC were added in the case on 07.08.2021 as it was revealed from his interrogation that the accused Mandeep Toofan long with Gurminderjit Singh @ Happy and other co-accused had killed the deceased Ranbir Singh @ Rana Kandowalia and during cross firing Gurminderjit Singh @ Happy Shah also sustained a firearm injury. Therefore, on the asking of Mandeep Toofan, he (Namit Sharma) along with Laddi, Jagtar Singh and Prabhjot Chatha, had got admitted Gurminder jit Singh @ Happy Shah in Johal Hospital, Batala for treatment. Thereafter, they had arranged a safe escape for t

Click Here to Read the rest of this document