Satwinder Singh Gill Alias Laddu v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Sta/on Sec/ons 05 08.02.2024 Ghall Khurd, District 307, 341, 427, 506, 148, 149 Ferozepur, Punjab IPC and 25, 27 of Arms Act

¶1The pe!!oner apprehending arrest in the FIR cap!oned above has come up before this Court under Sec!on 482 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an!cipatory bail.

¶2As per paragraph 20 of the bail pe!!on as per paragraph 13 of the reply dated

09.09.2024, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Sta/on

¶1103 21.10.2021 380, 457, 427 IPC and Ghall Khurd, Dis=. Sec!on 201 IPC Ferozepur

¶2115 16.09.2020 326, 325, 323, 506, 201, Talwandi Bhai, Dis=. 304 IPC Ferozepur

¶3182 30.08.2019 379-B IPC South Moga

¶3The facts and allega!ons are taken from the translated copy of the FIR a=ached to the bail pe!!on, which reads as follows: "Statement of Arshdeep Singh @ Arsh son of Rashpal Singh resident of xxxxxxx Police Sta"on Ghal Khurd, aged about 25 years M. No. 90410-xxxxxx. Stated that I am resident of above men"oned address and order/judgment. 1 studied upto +2 Class and now I have been working with my brother Ranjodh Singh @ Jodha regarding den"ng and pain"ng of cars in Mudki, Kulbir Singh son of Piara Singh resident of Mudki, who is a friend of my brother Ranjodh Singh. Yesterday on 07.02.2024, it was Kulbir Singh's birthday, due to which, he organized a party at Chhotu Da Dhaba, Talwandi Road, Near Toll Plaza and he invited us and other persons to a8end his birthday party. Therefore, we all friends gathered in Mudki around 08.00 in the night, we all including Sukhraj Singh alias Gaggu son of Gurmail Singh, Harpreet Singh son of Nirmal Singh, Gurjant Singh son of Balwinder Singh, Gurjeet Singh alias Mander son of Gurpreet Singh, Rahul, Lovepreet Singh son of Satpal, all residents of Mudki and Avinash alias Heera son of Satpal resident of I8a Wali and Sukha son of Gurdev Singh resident of Village Lalle, went on three cars, one was of Kulbir Singh make Ford icon bearing No. CH-01-AF-6429 and my brother Ranjodh Singh's car Verna bearing No. PB-09-AE-8680 coloured Silver and another car belonging to our friend Navninder Singh alias Navi son of Harjinder Singh resident of Pakhi Kalan make E"os Toyota Colour White and arrived at Chhotu Da Dhaba around 08.30 PM for party, the birthday party of Kulbir Singh was going on then it was about 10.15 PM, Karan Kumar Sharma son of Prem Kumar resident of Jhatra Road, Zira and Gurjit Singh @ Mundri son of Jeet Pal resident of Bengali accompanied by cut hair unknown youngster, they came to Chhotu Da Dhaba and started alterca"on with us. Then I asked my brother Ranjodh Singh for the reason, who told me that there having monetary dispute with them. Therefore, they indulged in alterca"on with us, aDer some "me, Rahul and Lovepreet Singh sons of Satpal residents of Mudki went back to their house and we aDer finishing the party, about 10.30, Heera and Sukha sit in the car of Kulbeer Singh, Sukhraj Singh Gaggu and Harpreet Singh sit in the car make Verna of my brother Ranjodh Singh and I Gurjant Singh and Gurjeet Singh Mandher sit in the car of Navninder and went towards the Mudki site, then Karan Kumar and Gurjeet Singh Mundri etc. hit their car make Innova Colour Silver Grey and hit it with the car make Ford Icon of Kulbeer Singh, then Kulbeer Singh tried to save himself then the driver of the Innova car again hit the car of Kulbeer Singh then he sped away the car. ThereaDer, we took all the three cars at the Motor situated near the house of Harpreet Singh, the car of Kulbir Singh was damaged and Avinash alias Heera had JYOTI suffered injury on his foot, due to which, he was suffering from severe order/judgment. 2 pain, due to damage condi"on of Kulbeer Singh's car, we make Heera to sit in the car of my brother and Sukhraj, Harpreet Singh, Kulbir Singh and Sukha sat on the back seat of the car and took Heera for medical treatment to the side of Mudki behind them, I, Gurjant Singh, Gurjeet Singh alias Mander sat in the second car of Navninder, which was being driven by Navninder. When we reached at Mahla Road near the gate of Village Fidde, then from the opposite side, two cars, out of which, Karan Kumar Sharma was siGng in Innova Car and was accompanied with two uniden"fied persons, who were having pistols were standing there, they stopped the car of my brother and started firing towards the Verna Car, the car went out of control due to bullet hit to my brother Ranjodh Singh and entered the fields, thereaDer, Sukhraj Singh etc. siGng on the back seat of the car ran towards the fields in order to save themselves, the other car SwiD colour white in which Roshandeep Singh son of Shinder Singh resident of Hakumat Singh Wala, accompanied by Gurjeet Singh alias Mundri son of Jeet Pal resident of Bengali, who were having pistols. They all started firing towards the car of Navninder and one bullet hit to Gurjant Singh son of Balwinder Singh resident of Mudki on his stomach, then we sped away our car in order to save our lives. All of them escaped from the spot with their respec"ve weapons on Innova and SwiD car while giving threats to eliminate us, aDer some"me, the son of Harpreet Singh's uncle (Chacha) namely Lovepreet Singh and we arrived at the spot as my brother Ranjodh Singh suffered two bullet injuries, one on the head and the second on the stomach and Gurjant Singh also suffered a bullet injury, they were got admi8ed in Guru Gobind Singh Medical College, Faridkot aDer arranging the vehicle. The doctor told us about the cri"cal condi"on of my brother and referred him to PGI, Chandigarh. Mo"ve behind the occurrence is that my brother Ranjodh Singh alias Jodha and the other party Karan, Roshan and Mundri are of same friend circle and having monetary dispute. Due to which, they have assaulted us to kill. Due to dark, I could not iden"fy the registra"on numbers of the cars. Legal ac"on may kindly be taken against them."

¶4The pe!!oner's counsel prays for bail by imposing any stringent condi!ons and contends that further pre-trial incarcera!on would cause an irreversible injus!ce to the pe!!oner and their family.

¶5The State's counsel opposes bail and refers to the reply. He submits that vide order/judgment. 3 order dated 15.10.2024, a co-ordinate Bench of this Court had granted interim bail to the pe!!oner subject to some condi!ons including joining inves!ga!on etc. But he did not join inves!ga!on !ll date.

¶6However, counsel for the pe!!oner does not dispute the aforesaid fact.

¶7State counsel refers to para 12 of the reply, which read as follows: "Role of pe""oner, material collected against him by the Inves"ga"ng Agency

¶12That as per the statements of the injured Gurjant Singh as well as Ranjodh Singh, they duly iden"fied the presence of the pe""oner at the spot armed with pistol and he also fired shorts towards the vehicle of the complainant party. The said two statements of the injured are sufficient to bring home the guilt of the pe""oner and also iden"fy his presence at the spot along with other accused persons." REASONING:

¶8Since, the pe!!oner was granted interim protec!on subject to joining inves!ga!on, however, he did not join inves!ga!on !ll date. Thus, due to non-compliance of order dated 15.10.2024, the pe!!oner is not en!tled to bail.

¶9A perusal of the bail pe!!on and the documents a=ached primafacie points towards the pe!!oner's involvement and does not make out a case for an!cipatory bail. The impact of crime would also not jus!fy an!cipatory bail. Any further discussions will likely prejudice the pe!!oner; this court refrains from doing so.

¶10Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶11Pe//on dismissed. Interim order dated 15.10.2024 and subsequent orders are recalled with immediate effect. All pending applica!ons, if any, are disposed of. (ANOOP CHITKARA) JUDGE

15.02.2025 Jyo!-II Whether reportable: No. order/judgment. 4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 05.02.2025 Pronounced on: 15.02.2025 Satwinder Singh Gill @ Laddu ...Pe!!oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Piyush Sharma, Advocate for the pe!!oner. Mr. Sukhdev Singh, A.A.G, Punjab. Mr. Armaan Gagneja, Advocate for the complainant. ****