Punjab-Haryana High Court
Parkash Singh vs State Of Punjab on 17 April, 2025
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2025:PHHC:050125
CRM-M-20542-2025
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
102
CRM-M-20542-2025
Date of decision: 17.04.2025
PARKASH SINGH ....Petitioner
Versus
STATE OF PUNJAB ...Respondent
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present : Mr. Shivender Pal, Advocate
for the petitioner.
SANDEEP MOUDGIL. J.(Oral)
1. Relief sought
The jurisdiction of this Court has been invoked under Section 482
BNSS seeking anticipatory bail in case FIR No.64 dated 14.03.2025, under
Sections 103(1), 190, 191(3) of BNS (Section 61(2) of BNS has been added later
on) and Sections 25 and 27 of Arms Act, 1959 registered at Police Station City
South, District Moga.
2. Prosecution story setup in the present case as per the
version in the FIR as under:-
“Statement of Renu Bala wife of Mangat Ram alias Manga son
of Dharampal resident of Street No. 07, Ravidas Nagar, Indira
Colony, Moga, aged about 45 years, Mobile No. 88474-87600 Stated
that I am a resident of the aforementioned address and work as a
homemaker. I have three children: the eldest daughter Manisha
Kumari, aged about 25 years; the younger one Simranjit Kaur, aged
22 years and the youngest Kusham, aged about 16 years. On
13.03.2025, at around 9:30 PM, I and my husband Mangat Ram alias
Manga Sharma went to get milk from Gill Palace, opposite Sharma1 of 6
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Dairy, Moga. While we were getting milk, suddenly Sikandar armed
with a pistol, Varinder with a pistol, Sahil Kumar alias Laddi son of
Surinderpal resident of House No. 349, Ward No. 28, Mohalla
Angadpura Moga armed with a pistol, Jagga armed with a pistol,
Shakkar alias Rajput alias Sahil son of Somnath resident of Matta
Wala Vehra, Mora, armed with a pistol, and Arun Singla alias
Sangha son of Babbu Singh resident of Angadpura Mohalla, New
Town, Moga, armed with a pistol, and 2/3 unidentified persons with
pistols in their hands came and started firing at my husband. My
husband Mangat Ram alias Manga ran to save himself, but the
aforementioned persons surrounded my husband and fired directly at
him with the intention to kill him and shouted threats. Arun Singla
alias Sangha fired a direct shot from his pistol into my husband’s
thigh and another on the left side of his chest, causing my husband to
fall down there. I cried out, “Maar Ditta Maar Ditta” At this, all of
them fled from the spot with their weapons. Many passersby gathered
there upon my cries, and Parshotam Puri son of Late Shri Jagdish
Puri, resident of Street No. 08, New Town, Moga, also came there.
Then we arranged for a vehicle and brought my husband Mangat
Ram alias Manga to the Civil Hospital, Moga, for treatment, where
the doctor Sahib declared my husband Mangat Ram alias Manga
dead. His body is lying in the Civil Hospital mortuary. The reason for
this incident is that my husband was the District President of Shiv
Sena Baal Thackeray (Shinde Group) and often used to visit
government departments for people’s issues, due to which the
aforementioned persons held animosity towards my husband. My
husband had told me that the aforementioned Laddi and others, who
are involved in illegal activities, had threatened to kill me. Before this
incident, Devinder Kumar alias Sahil son of Diwan Chand, resident
of Baggeana Basti, Moga, had been shot by someone. My husband
Mangat Ram alias Manga had come to the Civil Hospital, Moga, to
inquire about him. After that, these individuals followed my husband2 of 6
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and shot him dead. My husband Mangat Ram alias Manga son of
Dharampal resident of Street No. 07, Ravidas Nagar, Indira Colony,
Moga, was murdered. Therefore, appropriate action should be taken
against them. Statement has been written, read, and is correct. Sd/-
Renu Bala, Deponent. Identification of the statement: Sd/-Parshotam
Puri son of Late Shri Jagdish Puri, resident of Street No. 08, New
Town, Moga.”
3. Contention on behalf of the petitioner
Learned counsel for the petitioner contend that he has been falsely
implicated in this case merely on account of his pressurizing the Police authorities
for certain benefits on account of being informer in number of cases, the details of
which has been given in para 1 of the petition and that can be read as under:-
FIR No Dated Under Sections Police Station
113 13.07.2012 379 IPC City South Moga
48 17.04.2013 22 of NDPS Act City South Moga
55 22.04.2013 22 of NDPS Act City South Moga
64 22.05.2013 15 of NDPS Act City South Moga
136 15.09.2013 22 of NDPS Act City South Moga
183 07.11.2013 22 of NDPS Act City South Moga
191 25.11.2013 420/465/467 IPC City South Moga
23 02.02.2014 15 of NDPS Act City South Moga
70 12.04.2014 61 of Excise Act City South Moga
72 15.04.2014 61 of Excise Act City South Moga
190 26.10.2014 61 of Excise Act City South Moga
116 14.07.2015 457/380 of IPC City South Moga
36 13.03.2016 13A of Punjab City South Moga
Gambling Act
60 14.04.2016 15 of NDPS Act City South Moga
87 11.05.2016 22 of NDPS Act City South Moga
94 16.05.2016 22 of NDPS Act City South Moga
95 16.05.2016 22 of NDPS Act City South Moga
226 01.11.2016 61 of Punjab Excise City South Moga
Act
184 15.09.2017 22 of NDPS Act City Moga
196 27.09.2017 22 of NDPS Act City Moga
191 28.09.2017 18 of NDPS Act City South Moga
110 14.06.2018 22 of NDPS Act City Moga
145 06.07.2018 22 of NDPS Act City Moga3 of 6
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177 12.08.2018 22 of NDPS Act City Moga
204 24.09.2018 22 of NDPS Act City Moga
257 16.12.2018 22 of NDPS Act City MogaIt is also asserted that there is no direct evidence available with the
prosecution except the supplementary statement given by co-accused Arun Singh
@ Deepu.
Notice of motion.
On behalf of the State
On the asking of the Court, Mr. Jastej Singh, DAG, Punjab accepts
notice on behalf of the respondent-State, who seeks dismissal of the instant
petition by contending that the petitioner along with Jagdev @ Jagga conspired for
the murder of Mangat Ram @ Manga on account of having dispute for an amount
involved to the tune of Rs.5 lakhs.
This Court has taken into account that the Sessions Court had granted
the concession of anticipatory bail and directed the petitioner to join the
investigation. However, ASI Lakhbir Singh repeatedly prevented him from doing
so and continued to press for custodial interrogation, thereby misrepresenting the
petitioner’s conduct on a false premise. It is also not denied by the learned State
Counsel that he had acted as an informer in several cases under the NDPS Act, the
Excise Act, as well as a few cases under the Gambling Act, assisting the law
enforcement agencies in apprehending offenders.
Apart from the above assertions made on behalf of the State as has
been recorded in the earlier part of the order, there is no incriminating evidence to
put-forth to establish any active role of the petitioner except the supplementary
statement against him that too is vague without any specific role being attributed
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to him.
Analysis
Looking into the totality of the prevailing facts and circumstances
and having gone through the record and after hearing respective counsels, I am of
the considered view that the case put-forth by the prosecution at this stage lacks
material evidence to connect the petitioner with the commission of murder, except
the supplementary statement. Though without addressing to the grievance raised
in the instant petition by the petitioner, attributing allegations against ASI Lakbir
Singh that he has not permitted him to join the investigation, this Court now
directs the petitioner to join the investigation on 18.04.2025 at 10:00 AM. In case
of doing so, petitioner be released on anticipatory bail on furnishing of
personal/surety bonds to his satisfaction for the reason that custodial interrogation
of the petitioner is not required as it would be of no fruitful purpose to put the
petitioner behind the bars.
Relief
In order to avoid any controversy or inconvenience to either of the
parties i.e. petitioner or the State, Inspector Varun Kumar shall facilitate joining of
the petitioner into the investigation on 18.04.2025 at 10:00 AM.
However, the petitioner shall also abide by the terms and conditions
as envisaged under Section 482(2) of BNSS, which are reproduced below:-
‘When the High Court or the Court of Session makes a direction
under sub-section (1), it may include such conditions in such
directions in the light of the facts of the particular case, as it may
think fit, including-
(i) a condition that the person shall make himself available for
interrogation by a police officer as and when required;
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(ii) a condition that the person shall not, directly or indirectly, make
any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the Court or to any police officer;
(iii) a condition that the person shall not leave India without the
previous permission of the Court;
(iv) such other condition as may be imposed under sub-section (3) of
section 480, as if the bail were granted under that section.’
However, it is made clear that in case the petitioner does not comply
with the aforesaid direction of joining the investigation within a period of one
week and comply with the aforesaid condition under Section 482(2) of BNSS,
2023, the order passed by this Court today shall automatically stands cancelled.
In the aforesaid terms, the present petition stands allowed.
(SANDEEP MOUDGIL)
17.04.2025 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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