IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

217 CRM-M-54655-2024 (O&M)

Date of decision: 27.02.2025 Pardeep Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. R. S. Rai, Senior Advocate with Mr. Suneet Pal Singh, Advocate for the petitioner.

Ms. Himani Arora, AAG, Punjab.

MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, is for grant of regular bail in case bearing FIR No. 32 dated 19.02.2007, registered under Sections 302 and 34 of the IPC and Section 27 of the Arms Act at Police Station Samrala, District Ludhiana.

2. It will be proper to reproduce the order dated 13.11.2024, as passed in this case, whereby the petitioner has been granted concession of interim bail after making a detailed discussion. The same reads as under:

“…The aforesaid FIR was registered on the statement of Sumandeep Singh against the petitioner and his father Rajinder Singh with the allegation that Rajinder Singh shot dead the son of the complainant.

Learned senior counsel appearing on behalf of the petitioner submits that after conducting investigation and multiple enquiries, initially the petitioner was found innocent in the present FIR, but at the pressure of complainant, challan was filed against the petitioner and co-accused Rajinder Singh. After registration of present FIR, an application was moved by Gurmit Kaur (mother of petitioner and wife of Rajinder Singh) before the ADGP Crime, Punjab, Chandigarh regarding their innocence. Enquiry was conducted by Harbhajan Singh, S.P. (Crime), Chandigarh and both were found innocent. However, SSP, Khanna did not agree with the said report and marked the investigation to Special Investigation Cell, Khanna and said inquiry was conducted by Inspector Gurdeep Singh. During investigation, Rajinder Singh was arrested from Mohali on 18.08.2007 and his licenced gun was taken into possession. Thereafter, father of Rajinder Singh also moved an application regarding innocence of his son and grandson before the DSP, Samrala. Third enquiry was conducted by Bhulla Singh, PPS, DSP, Samrala, who in his enquiry report found that Harjot Singh died after receiving gun shot from the licensed gun of Rajinder Singh while loading the gun for firing in the air in a rash and negligent manner. The fire hit the child who was standing in front of Rajinder Singh. Accordingly, the offence from Section 302 read with Section 34 IPC and Section 25 of Arms Act was reduced to Section 304-A IPC and Section 27 of Arms Act. The petitioner was found innocent and challan under Section 304-A of IPC and Section 27 of Arms Act, 1959 was prepared by Inspector/SHO Gurdeep Singh against Rajinder Singh and presented on 29.08.2007. Thereafter, complainant party also appeared before Daljit Singh Rana, PPS, DSP, Samrala and contended that DSP Bhulla Singh had not joined the complainant party in the enquiry. Upon this, DSP, Daljit Singh Rana called the police file and conducted enquiry. He prepared his report and sent the same to SSP, Khanna, who did not agree with the report of DSP Bhulla Singh and ordered to present challan against Rajinder Singh and petitioner under Sections 302 of IPC and Section 27/54/59 of Arms Act. Thereafter, the case file was handed over to Inspector/SHO Randhir Singh. The complainant and eyewitnesses joined the investigation and supplementary statements were recorded under Section 161 of Cr.P.C. As per Inspector/SHO Randhir Singh, case under Section 302 read with Section 34 of IPC and Section 27/54/59 of Arms Act was made out against the petitioner and his father Rajinder Singh.

Learned senior counsel appearing on behalf of the petitioner further submits that the petitioner was declared proclaimed offender vide order dated 09.05.2008 passed by Sub-Divisional Judicial Magistrate, Samrala, Ludhiana (Annexure P-2). The petitioner challenged said order before this Co