The court granted bail considering the lack of specific role in the fatal injury and the duration of custody, alongside co-accused being granted bail.

JUDGMENT

Mr. Deepak Gupta, J.

In the two petitions titled above, both filed under Sections 439 Cr.P.C., petitioners have prayed for their release by way of grant of regular bail in case FIR No.20 dated 14.02.2022, registered at Police Station Subhanpur, District Kapurthala, under Sections 302, 307, 341, 427, 201, 148 and 149 of IPC.

2. FIR was lodged on the statement of Amandeep Singh S/o Harpreet Singh, as per which on 14.02.2022, he had gone to attend the wedding of a co-villager Sukhvir Singh. At about 4.30 p.m., he noticed two boys, namely, Rohit and Lovepreet being beaten by three other boys, namely Manpreet, Jashan and Balraj and one more boy of village Bamuwal (later on identified as Malkit Singh). As complainant asked them not to fight as wedding was getting spoiled, Jashan, Manpreet and Balraj hit iron kadas (bracelets) on his head. He telephonically called his uncle Manpreet Singh @ Whisky (deceased), who came in his Maruti car and took him along with Rohit and Lovepreet to the hospital. However, on the way near Nadala chowk, Balraj, Manpreet @ Manna, Jashan @ Neri (petitioner in CRM-M-34361-2023), Malkiat singh @ Landi, Heera (petitioner in CRM-M-33423-2023), Karan and some unknown boys waylaid them and surrounded the car. They were wearing iron bracelets and broke the glass of the car and brought them outside the car and started beating them with iron kadas. It was further stated that Balraj Singh and Heera started beating his uncle Manpreet Singh @ Whisky. Balraj Singh with full force gave a blow with iron kada on the left cheek of his uncle under the eye, due to which he became unconscious. All the assailants started kicking him, threw him on the ground and attacked him with iron kadas. Balraj and Heera also gave blows on his head with iron kadas and Karan gave beatings to him, whereas Manpreet Singh twisted the little finger on his hand, which was broken. They also gave beatings to Rohit and Lovepreet. They raised alarm. People gathered and assailants fled away.

3. Manpreet Singh @ Whisky expired during treatment. Necessary investigation was carried out, during which statements of injured were recorded. During investigation, postmortem of deceased Manpreet Singh @ Whisky was conducted at Civil Hospital, Kapurthala, which revealed four injuries on his person. One injury was found on the person of injured Rohit, as per the medico legal report; whereas two injuries were found on the person of injured Lovepreet.

4. Co-accused Balraj was arrested on 16.02.2022 and recovery of iron kada was effected from him. On the basis of an application moved by mother of said Balraj, he was medico legally examined and his MLR revealed two injuries on his person, which were declared simple and vide DDR No.23 dated 21.02.2022, cross version of the FIR was recorded under Sections 323, 341, 506, 148 and 149 of IPC. In the supplementary statement made by complainant Amandeep on 20.02.2022, he named Malkit Singh to be one of the assailants. Accused Jashanpreet Singh (petitioner in CRM-M-34361-2023) was apprehended on 21.02.2022 and on the basis of disclosure statement suffered by him, an iron kada was recovered. Accused Kuldeep Singh @ Heera (petitioner in CRM-M- 33423-2023) was apprehended on 28.02.2022.

5. It is contended by learned counsel on behalf of both the petitioners that they have been falsely implicated; that co-accused Malkit Singh and Karandeep Singh @ Karan have already been allowed bail by this Court vide order dated 11.04.2023 passed in CRM-M-56777-2022; and order dated 01.05.2023 passed in CRM-M-11576-2023 (O&M) respectively (Annexures P-2 and P-3 in CRM-M-34361-2023). It is further submitted that the petitioners are in custody for the last more than 01 year and 09 months. Learned counsel further contend that no specific role is attributed to the petitioners either to the deceased or any of the injured and that fatal injury to deceased Manpreet Singh @ Whisky is attributed to Balraj and so, in these circumstances, petiti