Attempt to murder and rioting cases: HC grants bail to former MLA Simarjit Singh Bains

After that, Simarjit Singh Bains took the revolver from his son and fired towards the complainant to kill him and damaged their vehicle. The Bains further raised ‘lalkara’ that they would not be spared in future.

Earlier a quarrel had taken place between the two groups on pasting of pamphlets, which was said to be the trigger for the incident.The complainant further alleged that the petitioner did not follow any guidelines and instructions issued by the Election Commission and the police and behaved like goondas. Based on this, the police registered the FIR.

As per Bains bail plea in the high court, he is involved in 24 cases. However, out of the said 24 cases, he has been acquitted in eight cases, while a cancellation report has been filed in two cases. The petitioner’s counsel contended that pre-trial incarceration would cause an irreversible injustice to the petitioner and his family.

While strongly opposing the bail, the state and the complainant contended that given the criminal past, the accused is likely to indulge in crime once released on bail. A bench of Justice Anoop Chitkara after hearing the matter said, “The complainant stated that around 100s of people were standing near the alleged place of the incident. In such a crowd, it is prima facie doubtful that the complainant would have heard the conversation between father and son or noticed handing over the revolver. Furthermore, nobody was injured in the alleged firing incident. Given the nature of the allegations and prior dispute between the parties, there is no justification for the pre-trial incarceration of the petitioner at this stage.”

Granting bail to Bains (the accused), the bench said, “While considering each bail petition of the accused with a criminal history throws an onerous responsibility upon the courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or when courts quashed the FIR, the prosecution stands withdrawn, or the prosecution filed a closure report, cannot be included. Although crime is to be despised and not the criminal, for a recidivist, the contours of a playing field are marshy, and the graver the criminal history, the slushier the puddles. Although the petitioner has a criminal past, the present occurrence cannot be related to prior criminal history, and this court deems it appropriate to give an opportunity to the petitioner to reform and mend his ways.”