Resham Singh vs State Of Punjab

“Petitioner seeks anticipatory bail in case arising out of cross case registered vide G.D. No.20 dated 27.06.2020 under Sections 307, 324, 323, 341, 148, 149 IPC and Sections 25/27 of the Arms Act, 1959, Police Station Ghuman, Police District Batala, District Gurdaspur arising out FIR No.124 dated 20.06.2020 under Sections 307, 324, 148, 149 IPC and Sections 25.′27 of the Arms Act, 1959, Police Station Ghuman, Police District Batala, District Gurdaspur, Punjab. This is the first petition for anticipatory bail.

Status report by way of affidavit of Mr. Manoj Kumar, PPS, Deputy Superintendent of Police, Sub-Division Sri Hargobindpur, Police District Batala on behalf of respondent-State has been filed. The same is made part of the record.

Learned counsel for the petitioner submits that the incident in question occurred on 20.06.2020 at 07.30 P.M. wherein Gurmej Singh suffered gun-shot injuries at the hands of Harpreet Singh s/o Sukhdev Singh, son of the complainant in the present case. Two bullets were fired at Gurmej Singh and he suffered total four injuries including two fire-arm injuries. FIR No.124 dated 20.06.2020 under Sections 307, 324, 148, 149 IPC and Sections 25/27 of the Arms Act, 1959 was lodged on statement of Charanjit Kaur w/o Gurmej Singh. Accused in that FIR, namely, Sukhdev Singh was a Sub- Inspector in Punjab Police. After seven days of occurrence, he lodged present cross version in the same FIR against the petitioner and his family members.

Learned counsel further submits that petitioner was alleged to have fired a shot on the right ankle of Sukhdev Singh. It is urged that the matter was investigated, during which no clear finding was given by the medical expert regarding injury with fire-arm. Later, the SHO reported that no fire-arm was used by petitioner-Resham Singh and the case was falsely planted to pressurize the complainant in the FIR. Cancellation report dated 01.10.2020 was forwarded by Station House Officer, Police Station Ghuman (Annexure P-6). Sukhdev Singh, by using his influence, got another inquiry initiated which was stayed by this Court vide order dated 27.07.2021 in a petition filed by petitioner and others. The petition was later disposed of directing the Investigating Officer to submit report. Police, thereafter, submitted investigation report indicting the petitioner and others. It is argued that petitioner joined investigation in the year 2020 and was still ready and willing to join investigation. After six years, no useful purpose would be served by detaining him in custody.

Mr. Hardeep Singh Wadhwa, DAG Punjab, who is present in the Court accepts notice on behalf of respondent-State and opposes the prayer for anticipatory bail on the ground of serious nature of allegations.

In the given facts and peculiar circumstances of the case, in the event of arrest, petitioner shall be released on interim anticipatory bail subject to his furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. Petitioner shall join investigation as and when called upon to do so and shall abide by the conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Adjourned to 09.09.2026.”