M.R.SHAH,J. - (1.) Leave granted.
(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.03.2021 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 11809 of 2021, by which the High Court has released respondent no.1 herein - original accused on bail in connection with FIR No. 245 dated 21.09.2020 at Police Station Sadar Jalandhar, District Jalandhar under Sections 302, 120-B, 34, 201 IPC and Section 25 of Arms Act, 1959, the original informant - son of the deceased has preferred the present appeal.
(3.) That the appellant herein - Harjit Singh son of late Mann Singh lodged an FIR being FIR No. 245 at Police Station Sadar Jalandhar, District Jalandhar on 21.09.2020 against the accused persons including respondent no.1 herein for the offences under Sections 302, 120-B, 34, 201 IPC and Section 25 of Arms Act, 1959 alleging inter alia that on 21.09.2020 at about 5:45 p.m. when his father Mann Singh was present near the gate of Gurudwara Sahib, a white colour Maruti Car stopped near his father from which three persons alighted. The persons alighted from the car were (1) Jaskaran Singh @ Jassa son of Bahadur Singh; (2) Bahadur Singh son of Santokh Singh; and (3) Satvinder Singh son of Karam Singh, residents of Jamsher Khas. It was alleged that Bahadur Singh and Satvinder Singh caught hold of his father and Jaskaran Singh @ Jassa, who was armed with a pistol, fired 4-5 shots at his father, who died on account of said fire arm shots. It was specifically alleged that his father has been murdered by the assailants in connivance with Inderpreet Singh (respondent No.1 herein), who is undergoing sentence on account of a case registered at the instance of the complainant party. It was further alleged that the motive for the said occurrence is that FIR No. 12 dated 30.01.2020 at Police Station Jalandhar under Sections 307, 326, 323, 324, 452, 506, 148 and 149 IPC and FIR No. 33 dated 14.2.2011 at Police Station Jalandhar under Sections 307, 308, 326, 325, 323,324,148, 149 and 427 IPC had been lodged against the accused and the complainant's father had been pursuing the said cases to get them convicted and on account of which his father had been murdered. 3.1 That during the investigation, it was revealed that though Inderpreet Singh (respondent No.1 herein) was not physically present at the spot, but it has been revealed that the deceased was murdered at the instance of the accused - Inderpreet Singh (respondent no.1 herein) who hatched criminal conspiracy along with other co-accused to kill Mann Singh - father of the complainant; that during the interrogation the accused Inderpreet Singh (respondent no.1 herein) confessed that he was in touch with co-accused through a mobile phone from jail which he destroyed after the occurrence; that during the course of investigation it was revealed that Inderpreet Singh (respondent no.1 herein) and co-accused Jaskaran Singh were convicted in FIR No. 67 dated 08.05.2016; that Inderpreet Singh (respondent no.1 herein) filed appeal in the High Court against his conviction and sentence in FIR No. 67 of 2016 and by order dated 30.04.2019 the High Court suspended the sentence of respondent no.1 herein - Inderpreet Singh, pending his appeal; that the complainant herein filed an application under Section 439 (2) Cr.P.C. before the High Court for cancellation of bail of Inderpreet Singh (respondent no.1 herein) and co-accused Jaskaran Singh @ Jassa since they had been calling the complainant and the injured on their phones and threatening them and vide order dated 26.07.2019 the High Court was pleased to cancel the bail of Inderpreet Singh (respondent no.1 herein) and co-accused Jaskaran Singh @ Jassa and directed the Chief Judicial Magistrate, Jalandhar to take them into custody; that Inderpreet Singh (respondent No.1 herein) and co-accused Jaskaran Singh @ Jassa challenged the order passed by the High Court cancelling their bail before this Court and this Court dismissed the special leave petition vide order dated 11.09.2019; that thereafter Inderpreet Singh (respondent No.1 herein) surrendered, however co-accused Jaskaran Singh @ Jassa jumped the bail and is absconding since then and he has been declared proclaimed offender. 3.2 That during the investigation it was revealed that taking advantage of the situation, Inderpreet Singh (respondent No.1 herein) while being lodged in Central Jail, Kapurthala hatched conspiracy with co-accused Jaskaran Singh @ Jassa, Bahadur Singh and Satvinder Singh to commit the murder of the father of the complainant while being in touch with them on mobile phones, mobile phone of his co-prisoner from jail, namely, Rajvir Singh; that during the course of investigation it was revealed that regular calls were made from mobile phone 8283904306 to phone numbers of his co-accused to hatch the conspiracy; that during the investigation it was also revealed that tower location of the said mobile phone being used by respondent no.1 herein - Inderpreet Singh was near Central Jail, Kapurthala; according to the investigating agency that during detailed investigation it came to the fore that one Harjinder Singh was lodged in Kapurthala Jail in a NDPS case who was co-villager of another prisoner namely Rajvir Singh lodged in the same jail and after being released on bail, Harjinder Singh on demand gave sim card and phone to Rajvir Singh inside the jail and this phone was being used by respondent no.1 - Inderpreet Singh to hatch conspiracy with other co-accused; that thereafter on completion of the investigation the investigating officer has filed the chargesheet against the accused including respondent no.1 herein for the offences under Sections 302, 120-B, 34, 201 IPC and Section 25 of Arms Act, 1959 in the court; that respondent no.1 herein - Inderpreet Singh thereafter filed an application under Section 439 Cr.P.C. in the Court of Learned Sessions Judge, Jalandhar; that by order dated 15.01.2021, the learned Sessions Judge, Jalandhar dismissed the said application and refused to release respondent no.1 herein on bail; that thereafter respondent no.1 -Inderpreet Singh approached the High Court seeking grant of regular bail by way of application being CRM-M No.11809/2021; that by the impugned judgment and order the High Court has released respondent no.1 herein - accused on bail by observing that it is not in dispute that the accused had not fired or had participated directly in the occurrence as he was in custody and that the factum of the accused using a mobile phone within the jail premises is a fact which would be debatable as the possession of a mobile phone by him in jail premises would be required to be established and that he has been behind bars since the last about five months and was present in jail when the occurrence took place and further detention of the accused in such circumstances would not be justified. 3.3 Feeling aggrieved and dissatisfied with the impugned judgment and order releasing respondent no.1 - Inderpreet Singh on bail in connection with FIR No. 245 dated 21.09.2020 at Police Station Sadar Jalandhar, District Jalandhar for the offences under Sections 302, 120-B, 34, 201 IPC and Section 25 of Arms Act, 1959, the original informant -complainant and son of the deceased Mann Singh has preferred the present appeal. ;