Ravinder Singh @ Sabbi v. State of Punjab and Another

ANOOP CHITKARA, J. FIR No. Dated Police Station Sections

06.11.2009 Tanda, District Hoshiarpur 341, 324, 323, 34 IPC (Section 326 IPC added later on)

¶1The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

¶2In paragraph 15 of the bail petition, the accused declares that he has no criminal antecedents.

¶3The facts and allegations are being taken from translated version of FIR, which reads as follows: "Statement of Paramjit Singh, son of Lashkar Singh caste Lubana resident of Tahli, police station Tanda aged about 22 years stated that I am resident of above said address and I work as a labourer. On dated 5-11-2009, I along with Sukhwinder Singh and Bhola son Avtar Singh caste Lubana resident of Tahli, were sitting at Jagga Pir, Baba Sadak Shah. That at around 10:00 AM in morning one Surjit Singh alias Neeta son of Resham Singh came on a motorcycle and said that he and Rana were coming to their house from the house of Nishan Singh son of Darshan Singh resident of Tahli on their motorcycle. I was riding the motorcycle and Rana was sitting behind me. When we came in front of house of Sabbi son of Jagtar Singh, then on the street Ravinder Singh Sabbi son of Jagtar Singh, Sukhvir Kaur daughter of Jagtar Singh, Harpreet Singh JP son of Lakhwinder Singh, Gurmeet Kaur daughter of Lakhwinder Singh were standing in the street and stopped us. Then Sabbi told Rana that "You think yourself as goon'. Then they dragged us from our motorcycle and took us to their house. When I alongwith Sukhjinder Singh and Bhola reached their house, we saw that Rana was tied with a rope in the room. We asked why he was tied and told them to let him go. I was about to enter the room then, Ravinder Singh Sabbi who was armed with datar, Sukhvir Kaur and JP were also armed with datar and Gurmeet Kaur who was empty-handed told us to leave from the spot but we said that we would take Rana with us. Then Ravinder Singh Sabbi attacked me with his datar then to save myself I raised my right hand then Dattar hit me on the little finger of my right hand, then JP who was armed with dattar gave datar blow on me and in order to save myself I raised my left hand and the datar hit me on the palm of my left hand, then Sukhveer Kaur gave a blow from the blunt side of datar which hit me on the left shoulder. Then Sukhjinder Singh came forward to save me then Sabbi gave datar blow to Sukhjinder Singh and in order to save himself Sukhjinder Singh raised his right arm, then the said hit caused injury on his left arm. Then JP gave datar blow on the left arm of Sukhjinder Singh. Thereafter, Sukhveer Kaur gave a datar blow from the blunt side which hit Sukhjinder Singh' on his right shoulder. Then we raised hue and cry "Maar Ditta Maar Ditta." Then after hearing our hue and cry, many people of the village and one Ajaib Singh Ex-Panch along with his wife Jaswinder Kaur came to the spot and saved Rana and escorted us out. Then Rana and my father Lashkar Singh took us and got us admitted to hospital in Tanda for treatment. The reason for the enmity is that about a month ago, there was a quarrel with Sabbi and the village panchayat intervened and got the matter compromised. Due to said enmity Ravinder Singh Sabi, Sukhvir Kaur, Harpreet Singh JP and Gurmeet Kaur conspired together and then they took Rana to their house and when we went their to rescue Rana then the above said inflicted injuries on us. The officials told us that they will get the matter compromised but the same was not effected. We have got our statements recorded, which is correct. Appropriate legal action be taken."

¶4The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and his family.

¶5The State's counsel opposes bail.

¶6Counsel for the complainant submits that they have no objection in case bail is granted to the petitioner as they have compromised the matter. REASONING:

¶7The petitioner was earlier on bail; however, he failed to appear, which led to the cancellation of the bail and he was declared proclaimed offender on 15.03.2013. Thereafter, petitioner surrendered before the trial Court on 05.04.2025 and since then he is in custody.

¶8As petitioner was earlier granted bail, and as such, this court is inclined to grant bail subject to some conditions.

¶9Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, matter stands compromised and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage.

¶10Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage. CONDITIONS:

¶11Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.

¶12While furnishing a personal bond, the petitioner shall mention the following personal identification details:

¶1AADHAR number

¶2Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶13This order is subject to the petitioner's complying with the following terms.

¶14The petitioner shall attend the Trial on every date and shall not seek single adjournment without cogent reason.

¶15Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

¶16A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

¶17Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE

28.04.2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.04.2025 Ravinder Singh @ Sabbi ...Petitioner Versus State of Punjab and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Karanjit Singh, Advocate for the petitioner. Mr. Akshay Kumar, A.A.G., Punjab. Mr. Shivam Joshi, Advocate for respondent No.2. ****