216 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 12.05.2025 ACHHAR SINGH@NILU AND ANOTHER ...PETITIONERS Versus STATE OF PUNJAB ...RESPONDENT

2. CRM-M-16884-2024 (O&M)

Date of Decision: 12.05.2025 AMAN SINGH ALIAS RAFI ...PETITIONER Versus STATE OF PUNJAB ...RESPONDENT CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: None for the petitioner in CRM-M-56840-2023.

Mr. Himmat Deol, Advocate for the petitioner in CRM-M-16684-2024.

Mr. Sandeep Kumar, DAG Punjab.

Mr. Sahil Koul, Advocate and Mr. Ramandeep Pratap Singh, Advocate for the complainant in CRM-M-16684-2024.

Mr. B.S. Randhawa, Advocate for the complainant in CRM-M-56840-2023.

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Harpreet Singh Brar, J. (Oral)

1. Both these petitions are decided by this common order as both are arising out of the same FIR. However, the facts are taken from CRM-M-16684-

2024.

2. Present petitions have been filed under Section 439 of Cr.P.C. seeking grant of regular bail to the petitioner(s) in case bearing FIR No. 202 dated 02.11.2022 registered under Sections 302, 307, 323, 341, 148 and 149 of Indian Penal Code (hereinafter to be referred as ‘IPC’) at Police Station City Rupnagar District Rupnagar.

3. FIR(supra) was registered on the statement of complainant Ashok Singh who stated that on the date of occurrence he along with his brother Puneet and Sunny, son of Sham Singh were coming back to Sadawarth after moving complaint before SSP, Rupnagar. At about 03.00PM, they were present at Railway Line, near NCC Academy, then, Ravi son of Kallu Singh, Sahib Singh son of Kallu Singh (petitioner No. 2 in CRM-M-56840-2023), Nazar son of Parshotam, Moji son of Raja, Raja, Neelu son of Ram Singh, Tota son of Bhola along with some unknown persons wrongfully restrained them. All the above said persons were having sharp edged Kirpan (deadly weapon). Suddenly they attacked on them with Kirpan. Moji and Ravi gave Kirpan blow, which hit on the head of complainant’s brother Puneet. Sahib and Moji also gave Kirpan blow, which hit on complainant’s head and left hand. Due to that hit, they fell down and the other persons also gave kirpan blows on them. Due to grievous injuries inflicted upon them, complainant’s brother Puneet died and he was admitted in the Hospital in dead condition. Complainant-Ashok and Sunny also received grievous injuries due to which they were under treatment in Civil Hospital, Rupnagar. All the above said persons in connivance with each other with a common intention to kill them attacked on complainant party due to which his brother died. On the basis of aforesaid allegations, FIR(supra) was registered.

4. Learned counsel for the petitioners inter alia contends that petitioners have been falsely implicated in the present case and petitioners Achhar Singh @ Nilu and Aman Singh @ Rafi have been nominated on the basis of disclosure statement made by co-accused Rahul @ Moji, which has no evidentiary value in the eyes of law. Furthers petitioners Achhar Singh @ Nilu and Aman Singh @ Rafi have not been named in the FIR and no specific role or injury has been attributed to all the petitioners. Initially 07 persons were named in the FIR and as per the statement of complainant Ashok Singh, Ravi son of Kalu Singh and Moji son of Raja were the main accused, who have been attributed specific injuries upon the deceased and Ravi has been declared as innocent by the Investigating Officer, which creates a serious dent on the case set up by the prosecution. He has been summoned later on by invoking the provision under Section 319 of Cr.P.C. Two of the petitioners namely Achhar Singh @ Nilu and Sahib Singh were initially declared as innocent when the first final report was submitted. However, supplementary report was submitted and they have been nominated as accused in the case. As such, the complicity of the petitioners is not proved at all and lastly it has been contended that all the petitioners have suffered incarceration for almost 02 year and 06 months and the trial of the case