Bail to Accused in RPG Attack on Mohali Case – Not Named In FIR: Punjab and Haryana High Court

In a significant development, the Punjab and Haryana High Court has granted bail to two accused individuals, Manpreet Singh alias Patwari and Gurjinder Singh alias Gurinder Singh alias Baba, in a case related to the RPG attack on Mohali. The decision comes after a detailed examination of the evidence and circumstances surrounding the case.

The RPG attack on Mohali had garnered widespread attention due to the seriousness of the charges. The accused were facing charges under Sections 307 (attempt to murder), 353 (assault or criminal force to deter public servant from discharge of his duty), 186 (obstructing public servant in discharge of public functions), and 34 (common intention) of the Indian Penal Code. Additionally, they were accused of violating Section 21(c) of the Narcotic Drugs & Psychotropic Substances Act and Section 25 of the Arms Act.

One of the notable aspects of the judgment was the court's consideration of the accused's role in the incident. The court emphasized that the petitioners, Manpreet Singh and Gurjinder Singh, were not named in the First Information Report (FIR) and were not apprehended at the scene of the incident. Moreover, there was no recovery of firearms or narcotics from these individuals. The court found that there was no concrete evidence linking them to the alleged attack.

In its decision, the court also highlighted that the incident appeared to have occurred spontaneously, without prior conspiracy or common intention on the part of the accused. The judgment cited the absence of injuries inflicted on any person, particularly the police officials, as a key factor.

Furthermore, the court took into account the prolonged period of custody for both petitioners. Manpreet Singh had been in custody since May 25, 2022, while Gurjinder Singh had been incarcerated since June 6, 2022. With 37 prosecution witnesses yet to be examined and all of them being official witnesses, the court concluded that the petitioners were not likely to influence the witnesses or hinder the trial.

The court's decision was also influenced by the absence of any prior criminal convictions or ongoing cases against the accused individuals. Citing the Supreme Court's judgment in "Maulana Mohd. Amir Rashadi Vs. State of U.P. and another," the court underscored the need to consider the facts and circumstances of each case when deciding bail applications.

High Court court granted bail to Manpreet Singh alias Patwari and Gurjinder Singh alias Gurinder Singh alias Baba, subject to the satisfaction of the concerned trial court and the condition that they do not engage in any criminal activity or attempt to influence witnesses in the future.

The judgment underscores the principle that bail decisions should be based on a careful examination of the evidence and circumstances of each case, and that the accused's role should be a crucial factor in determining their eligibility for bail.

Date of Decision: 25 September 2023

Sukhchain Singh alias Bhujia  vs State of Punjab