Omkar Singh @ Danny @ Omkar Ram v. State of Punjab

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections 86 05.04.2024 Sadar Mansa, 307, 427, 34 IPC and Sec!on District Mansa 25 of Arms Act (Sec!on 120-B IPC added later on)

¶1The pe!!oner incarcerated in the FIR cap!oned above had come up before this Court under Sec!on 483 of Bhara!ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2As per paragraph 16 of the bail pe!!on and as per the status report/custody cer!ficate, the accused has the following criminal antecedents: Sr. No. FIR No. Dated Offenses Police Station

¶12 06.01.2020 22 of NDPS Act City-1 Mansa

¶286 28.06.2023 379-B IPC City-1 Mansa

¶350 12.04.2024 25 of Arms Act City-1 Mansa

¶466 04.04.2024 307, 511, 34 IPC City-2 Mansa

¶567 04.04.2024 307, 506, 427, 34 IPC City-2 Mansa

¶6148 06.10.2010 61 of Excise Act Lehra

¶795 21.08.2015 21 of NDPS Act GRP

¶3The facts and allega!ons are being taken from para 4 of the bail pe!!on, which reads as follows: "4. That as per the alleged story of police in the FIR, police has received a secret informa-on that accused Gurjinder Singh son of Balkaran Singh and order/judgment. 1 Omkar Singh @ Danny i.e. the pe--oner who have carried out firing at the medical stores on 04.04.2024, they alongwith co-accused Jaspreet Singh and Lovepreet Singh sons of Buta Singh are roaming in car and can be present at the house of Gurjinder Singh. On which, Police has apprehended Gurjinder Singh from his house and recovered 12 bore pistol alongwith two cartridges and then on his disclosure reached at a road going from Mansa-Barnala road to village Malakpur Khiala and at the right side at a Kacha Path found one car in which three young man were si2ng who on seeing the police party tried to fled away by star-ng their car. It is further alleged that when SI Bikar Singh and Constable Gurwinder Singh tried to stop them then the pe--oner who was si2ng on conductor seat of car (le6 side) opened a fire towards police with the pistol in his right hand and the fire shot hit upon the bullet proof jacket of SI Bikar Singh, who made a counter fire towards the pe--oner and fire hit upon the (right) hand of the pe--oner which he had taken out from the window of car, due to which, pistol held in his hand also damaged and fell down. It is further alleged that therea6er police has apprehended all the three accused i.e. pe--oner, car driver Lovepreet Singh and Jaspreet Singh."

¶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 his family.

¶5The State's counsel opposes bail and refers to the status report.

¶6It would be appropriate to refer to the following por!ons of the reply, which read as follows: "A. ROLE OF THE PETITIONER & EVIDENCE AGAINST THE PETITIONER: -

(ii) In the statement complainant SI Sukhjit Singh has stated that, "Today as per the orders of officers, I Sub-Inspector alongwith ASI Baljinder Singh 277/ Mansa, ASI Bikar Singh 17/ Mansa, ASI Pal Singh 751/ Mansa, ASI Sukhjit Singh 294/Mansa, ASI Gurpreet Singh 914/ Mansa, Constable Surinderpal Singh 962/Mansa, constable Hakam Singh 1107/Mansa, Constable Gurpreet Singh 207/Mansa, Senior Constable Sukhwinder Singh 1144/Mansa, Senior Constable Amarjit Singh 1265/Mansa, Senior Constable Balkar Singh 1062/Mansa, SI Ramesh Kumar 38/Mansa, riding on Government Vehicle and private vehicle were present at Thuthianwali order/judgment. 2 Kenchian (Chowk), Mansa with regard to inves-ga-on of FIR No.66, dated

04.04.2024, U/s 307, 511, 34 of IPC, 25, 27 of Arms Act, Police Sta-on City-2, Mansa, FIR No.67 dated 04.04.2024, under sec-ons 307, 506, 427, 34 of IPC, 25, 27 of Arms Act, Police Sta-on City-2 Mansa and secret informer had given the informa-on to me that firing which was carried out yesterday at medical stores in City Mansa, said firing was carried out by Gurjinder Singh son of Balkaran Singh, resident of Bhaini Bagha and Omkar Singh @ Danny (Pe--oner) son of Ramkrishan resident of Mansa, who are of criminal background and Motorcycles to them were provided by Jaspreet Singh, Lovepreet Singh sons of BuJa Singh, residents of Mansa Khurd. Later on also he had taken them on car bearing no.PB-01B-7094 Make i10. All of them are very clever and all of them are roaming in this car. They can be present at the house of Gurjinder Singh. Separate par-es have been cons-tuted and first Gurjinder Singh was apprehended and pistol .12 bore alongwith 2 cartridges of .12 bore were recovered from him and on the basis of disclosure made by him and through our sources, we reached at the rough (Kachha) path going from ITI Barnala Mansa road to village Malakpur Khiala and ahead of this at the right hand side, towards southern direc-on at the Kaccha path near the wild acacia trees there were in the above men-oned car three young boys, one was si2ng at the driver seat, another one was si2ng at the conductor seat and last one was si2ng at the back side seat in the above men-oned numbered car, who on seeing the vehicles of police party, immediately started their vehicle and tried to abscond away. When ASI Bikar Singh 17/Mansa and Constable Gurwinder Singh 587/Mansa who were wearing bullet proof jackets tried to stop them then the person si2ng on the conductor seat whose name later on came to know as Omkar Singh @ Danny (Pe--oner) son of Ram Krishan resident of Ward no.11, Mansa, fired a shot with his armed pistol towards SI Bikar Singh with inten-on to kill him which hit upon his Bullet Proof Jacket at the chest, on which ASI Bikar Singh considering the situa-on at the spot and to save himself gave a counter fire with his service pistol .9 MM towards the person firing who was having his hand outside the window of car, due to which fire hit upon his right hand in which he has held the pistol, due to which pistol held in his hand has also damaged and fell down and conductor seat mirror has also damaged. During this stampede the accused already apprehended Gurjinder Singh and car driver Lovepreet Singh and Omkar Singh @ Danny JYOTI (pe--oner) si2ng on the conductor seat sustained injuries and Jaspreet order/judgment. 3 Singh son of Buta Singh resident of Mansa Khurd above tried to run away who were apprehended. Omkar Singh @ Danny (Pe--oner), Gurjinder Singh, Lovepreet Singh and Jaspreet Singh, were apprehended, as per law. A6er giving first aid to Omkar Singh @ Danny, Gurjinder Singh, Lovepreet Singh and a6er proceeding from the spot, they have been admiJed in Civil Hospital, Mansa and above men-oned numbered car used in the occurrence at the spot has been taken through Senior Constable Sukhwinder Singh 1144/ Mansa for thorough checking where Jaspreet Singh who has not suffered any injury, has been produced before you, you have arrested as per procedure. Recovered weapons also handed over to you, which you have taken into police possession alongwith vehicle vide memo. You alongwith companions met at Civil Hospital, Mansa. Statement recorded to you, heard, which is correct.

(ii) A6er recording the statement of the complainant, IO/ASI Gurtej Singh No.572/Bathinda had arrested the accused person namely Jaspreet Singh and on the basis of ruqa sent by the IO, at Police Sta-on Sadar Mansa, present case/FIR was registered against all the above named accused persons including the pe--oner. During the checking of the above men-oned i10 car, 02 smart phones i.e. one mobile phone Apple 13 Pro of sky color and another mobile phone make VIVO of silver color were recovered from inside the mats of the car and from the dashboard of the car one RC was recovered. As per the RC the car was found registered in the name of Kuldeep Singh son of Lachman Singh resident of Deluana, District Mansa. Therea6er, above men-oned mobile phones and RC of the car were taken into police possession vide memo of recovery. On the demarca-on of the complainant SI Sukhjit Singh, spot of occurrence was inspected by the I0. During the spot inspec-on 02 empty cartridge shell

7.65 mm and 02 empty cartridge shells 9 mm were recovered, a6er checking them, same were taken into police possession vide memo. On the demarca-on of complainant SI Sukhjit Singh, rough site map was prepared and statements of witnesses were recorded.

(iv) A6er discharge of accused Lovepreet Singh from Civil Hospital Mansa, he was arrested by the I0, in the present case, on 06.04.2024. Therea6er, Pe--oner Omkar Singh @ Danny was arrested on 16.04.2024. However, accused Gurjinder Singh arrested by Incharge CIA Staff Mansa on

05.04.2024, in respect of case/FIR No.66 Dated 04.04.2024, Under Sec-on 307, 511, 34 IPC and 25 Arms Act, registered at Police Sta-on City-2 JYOTI Mansa, District Mansa, as such, he was in police custody at the -me of order/judgment. 4 occurrence in respect of the present case/FIR. However, his name was erroneously men-oned in the police proceedings of the present case/FIR, as such, his name was struck off from the present case/FIR, vide DDR No.25, Dated 17.04.2024.

(v) During the inves-ga-on from accused Jaspreet Singh, it was disclosed by him that his brother Lovepreet Singh was having deep friendship with Gurjinder Singh resident of Bhaini-Bagha, as such, he o6en used to visit their house. He was knowing that his brother is having rela-ons with Jassi Pancher. His brother has told him many a -mes that Jassi Pancher is having much sway in their city. Jassi Pancher has told Gurjinder Singh to keep their pressure on the residents of city Mansa. On which, his brother etc. on the asking of Jassi Pancher has fired on the Mansa Medical Hall and Ashwani Medical Hall. On which, Jassi Pancher alias Jasdev Singh son of Ram Partap resident of Ward No.2 Mansa, District Mansa, was nominated as accused in the present case/FIR for the offence under sec-on 120-B IPC, vide DDR No.24, Dated 23.04.2024. A6er bring the accused Jassi Pancher alias Jasdev Singh on produc-on warrants, his arrest was affected in the present case, on 15.05.2024.

(vi) The weapons recovered in the present case were sent to the FSL for the purpose of analysis and report. Report of which is s-ll awaited. A6er comple-on of inves-ga-on qua the above named accused persons including the pe--oner, challan against all the accused persons was presented before the Ld. Court of Illaqa Magistrate Mansa on 02.07.2024. On 23.10.2024, trial of the case was commiJed as Sessions Trial. There are total 16 PW(s) in the present case, who will be examined at the -me of evidence of prosecu-on. Now the trial of the case is pending for

05.11.2024 for framing of charges against the accused persons."

¶7There are specific allega!ons of the pe!!oner firing upon the police party, and given the gravity of the offense, the pe!!oner is not en!tled to bail.

¶8The pe!!oner has massive criminal antecedents, which point towards recidivism, puHng society at risk and he is the person, who did firing.

¶9A perusal of the bail pe!!on and the documents aIached primafacie points towards the pe!!oner's involvement and does not make out a case for bail. The impact of crime would not jus!fy bail. Any further discussions will likely prejudice the pe!!oner; this court refrains from doing so. order/judgment. 5

¶10Regarding the trial delay, the pe!!oner's custody is 6 months, which cannot be termed prolonged.

¶11Any observa!on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶12Petition dismissed. All pending applica!ons, if any, are disposed of. (ANOOP CHITKARA) JUDGE

18.11.2024 Jyoti-II Whether reportable: No. order/judgment. 6

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 06.11.2024 Pronounced on: 18.11.2024 Omkar Singh @ Danny @ Omkar Ram ...Pe!!oner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Bikramjeet Singh Jatana, Advocate and Ms. Janmeet Kaur Jatana, Advocate, for the pe!!oner. Mr. Sukhdev Singh, AAG, Punjab. ****