HC grants bail in attempt to murder case after accused offers to pay medical expenditure of victims

Read Order: Sukhvir Singh and others v. State of Punjab 

Vivek Gupta

Chandigarh, July 7, 2021: The Punjab and Haryana High Court has granted bail in an attempt to murder case after the accused offered the court to pay the medical expenses of the victims.

The case pertains to the seeking of regular bail by five co-accused who were charged on March 30, 2021 for offences punishable under Indian Penal Code Sections 452 (trespassing), 323 & 324 (voluntarily causing hurt with weapons), 506 (criminal intimidation, 148 & 149 (rioting armed with deadly weapons), 307 (attempt to murder) and 325 (Punishment for voluntarily causing grievous hurt) registered at Derabasi police station in Punjab’s Mohali.

Counsel for the petitioners argued that as per the allegations in the FIR registered at the instance of one Manpreet Singh, he along with his father Ajmer Singh, brother Harpreet Singh and his brother-in-law Rahul were present in their fields when all the accused persons — 20 in number — including the petitioners came there armed with with weapons such as gandasi, rod, sword, danda, etc. and caused multiple injuries to the victim Manpreet Singh, his brother Harpreet Singh and father Ajmer Singh.

The injuries have been attributed to all the accused persons collectively. All the accused persons were in custody for the last about two months and they were not involved in any other case.

Counsel for the petitioners, at the very outset, submitted that without prejudice to the right of the petitioners, they are ready to pay a sum of Rs. 20,000 each (a total sum of Rs.1 Lakh) to all the three victims towards the medical expenses.

Counsel for the State did not dispute the factual position but opposed the prayer for bail.

The High Court Bench of Justice Arvind Singh Sangwan said considering that the petitioners were in custody for the last two months and were not involved in any other case, the custodial interrogation of the petitioners was not required. Also, in view of the fact that the petitioners were ready to pay a sum of Rs.20,000 each to the victims and that the conclusion of the trial will take some time due to COVID-19 situation, the High Court allowed the petitioners to be released on bail.

As per the court order, the petitioners namely Sukhvir Singh, Sarabjit Singh and Sukhjit Singh @ Johny, will hand over demand draft of Rs 20,000 each favouring the victim Manpreet Singh whereas the petitioners namely Harjit Singh and Rajinder Singh will hand over two demand drafts of Rs 20,000 favouring victims Harpreet Singh and Ajmer Singh, at the time of furnishing bail/surety bonds, which will be disbursed to the three victims.

“The handing over of all the demand drafts shall be a precondition before accepting the bail/surety bonds. However, it will be open for the prosecution to apply for cancellation of bail of the petitioners, in case they are found involved in any other case or misusing the concession of bail, in any manner,” the high court held.