- (1.) THIS order shall dispose of the instant petition filed under Section 439 of the Code of Criminal Procedure seeking the benefit of regular bail to the petitioner in FIR No.35 dated 28.2.2013, under Sections 302/307/109/120 -B/148/149 of the Indian Penal Code read with Section 25/27/30 of the Arms Act, registered at Police Station Dirba, District Sangrur.
(2.) THE FIR in question has been filed on the complaint of Sanjeev Kumar. Version of the complainant is that a meeting of the Commission Agents' Association had been convened at the Market Committee Office, Dirba on 28.2.2013. As per allegations, an argument arose between two rival groups with regard to the complainant being elected as President of the Association. The name of the complainant was being opposed by a group headed by the present petitioner, namely, Darshan Singh, Ex -President of Truck Union, Dirba. It has been alleged that things went out of hand when the petitioner abused one Karan Ghuman and which, in turn, led to a scuffle. Further allegations are that the group led by the petitioner had raised a lalkara and had proceeded with an intention to attack Karan Ghuman and to counter such move Harpal Singh Chatha came forward to rescue Karan Ghuman and on account of a gun shot from a DBBL .12 bore gun, Harpal Singh Chatha died on the spot.
(3.) LEARNED counsel appearing for the petitioner would advert to the FIR and would submit that as per version of the complainant himself, it was Teja Singh son of Tek Singh who had fired the shot at Harpal Singh Chatha which had hit him in the abdomen and which resulted in his death. Learned counsel would further contend that no injury whatsoever has been attributed to the present petitioner, namely, Darshan Singh. Learned State counsel as also learned counsel appearing for the complainant would vehemently oppose the present petition by stating that the present petitioner was, in fact, the kingpin and the principal offender. It has been argued that Darshan Singh had a dispute with regard to the post of President of the Union and, in fact, he had supplied his own firearm and thereafter had called upon his henchman to fire upon the deceased, namely, Harpal Singh Chatha. Learned State counsel would even refer to an affidavit dated 20.4.2014 of the Deputy Superintendent of Police, Sub Division Dirba and duly placed on record, wherein it has been deposed that .12 bore DBBL gun No.12291 was in the name of the present petitioner, namely, Darshan Singh and the said gun was used by Gurtej Singh @ Teja son of Tek Singh by firing a gun shot in the stomach of Harpal Singh Chatha and it is due to such gun shot that Harpal Singh died at the spot.;