Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1069

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI, J.
Devinder Preet Kaur @ Devinder Kaur – Petitioner
Versus
State of Punjab – Respondent
CRM-M-18858 of 2024
Decided On : 09-05-2024

Advocates Appeared:
Mr. Gaurav Vir Singh Behl, Advocate; For the Petitioner
Mr. Harkanwar Jeet Singh, Assistant Advocate General, Punjab.

The court granted bail due to prolonged custody and lack of specific allegations against the petitioner, emphasizing that unnecessary incarceration should be avoided.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The petitioner sought bail in a case involving serious charges including conspiracy to murder. The petitioner was not named in the FIR, and only one of the nineteen witnesses had been examined. The co-accused had been granted bail, and the court found that further incarceration was not necessary. (Paras 4, 7, 8)

(B) Bail - Considerations for granting bail - The court noted that the trial was unlikely to conclude soon and that the nature of allegations did not warrant continued custody. (Paras 7, 8)

Facts of the case:
The FIR was registered based on a complaint regarding an assault on Jaskaran Singh, leading to serious injuries. The petitioner was implicated through supplementary statements but was not named in the initial FIR. (Paras 1, 3)

Findings of Court:
The court allowed the bail application, emphasizing the lack of necessity for further incarceration given the circumstances. (Paras 8, 10)

Issues: The main issues included the petitioner’s involvement in the conspiracy and the appropriateness of granting bail given the circumstances. (Paras 4, 7)

Ratio Decidendi: The court ruled that the petitioner’s continued custody was not justified, especially since co-accused had been granted bail and the trial was not expected to conclude soon. (Paras 7, 8)

Result: Petition allowed; the petitioner is ordered to be released on bail.

JUDGMENT

Mr. Jasjit Singh Bedi, J. (Oral)

The prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.94 dated 03.11.2022 under Sections 148, 149, 323, 341 IPC (Sections 302, 34, 120B IPC added in Challan and Sections 148, 149, 323, 341 IPC deleted) registered at Police Station City Ahmedgarh, District Malerkotla.

2. The present FIR came to be registered at the instance of Ranvir Singh and reads as under:-

" Copy of the statement, Statement of Ranvir Singh, son of Surjit Singh resident of Ward no. 12, presently residing at Ward no. 16, Near Syndicate Bank, Railway Road, Ahmedgarh, aged about 52 years, mobile no. 99148-31207. Stated that I am a resident of the above mentioned address and do the work of carpenter. I have one daughter Ramanpreet Kaur aged 29 years and one son Jaskaran Singh aged 23 years, my son Jaskaran Sing did the work of an electrician on a private level. Yesterday, on dated 02.11.2022, at about 08:15 p.m, my son Jaskaran Singh, on Jupitor Scooty, had gone from home to Ahmedgarh market. When my son Jaskaran Singh did not come home for quite some time, then I contacted from my mobile phone no. 98148-31207 on the mobile no. 62803-56351 of my son. Then my son Jaskaran Singh told me in a muffled voice that 6-7 persons have surrounded me, who are holding in their hands iron rods, sticks and baseball etc. they are giving beatings to me. At this time, I am surrounded at Channa Road, Ahmedgarh near gravel store. Then I suddenly picked up my motorcycle and, on listening the entire talk of my said son Jaskaran Singh, left the home. After soine time, when I reached Channa Road, Ahmedgarh, then I saw that near the gravel store, 6-7 unknown persons, who were holding iron rods, sticks, baseballs in their hands were giving beatings to my son Jaskaran Singh. when I raised lalkara to them in a loud voice, then said 6-7 unknown persons, after giving beatings to my son Jaskaran Singh, With their above weapons, ran away from the spot. At that time, the light was glowing on the government pol. That due to the beatings given to my son Jaskaran Singh by the said unknown persons, injuries were inflicted on both eyes, face, chin and head of my son Jaskaran Singh, who was unconscious. Then, some person at the spot called 108 ambulance and my son Jaskaran Singh was admitted to Civil Hospital, Malerkota for treatment. At that time, I went home to arrange for money and, late in the night, even I reached civil hospital, Malerkotla. Then due to my son's condition being grave, the doctor referred my son Jaskaran Singh from Civil Hospital Malerkotla to Rajindra Hospital, Patiala today on dated 03.11.2022. However, due to the condition being more serious, I got my son Jaskaran Singh admitted to Private Hospital, Village Gill, District Ludhiana for treatment, where my son's treatment is going on, who is not yet able to give statement. The statement has been recorded before you. That I can recognize the 5-7 unknown persons on coming forward. That I have read my statement, head it, it is correct. Sd/- Ranvir Singh. "

3. During the course of investigation complainant suffered his first supplementary statement to the effect that the person who had caused injuries to his son was Prabhjot Singh @ Prince. Based on the said supplementary statement Prabhjot Singh @ Prince was nominated as an accused in the present case.

The complainant suffered a second supplementary statement that he had come to know after looking at video footage that on 02.11.2022 Prabhjot Singh @ Prince have been brought to the spot on a scooty bearing registration number PB-28D-8593 by Harjit Singh son of Gurmit Singh. On the basis of the said supplementary statement Harjit Singh was nominated as accused in the present case. He was arrested and got recovered the scooty.

The complainant suffered yet another supplementary statement before the SHO/IO to the effect that his son Jaskaran Singh was having a love affair with Navreet Kaur daughter of

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