Punjab-Haryana High Court
Amrinder Singh @ Amrinder Singh Sekhon vs State Of Punjab on 9 October, 2023
Neutral Citation No:=2023:PHHC:130554
105 2023:PHHC:130554
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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CRM-M-50262 of 2023
Date of Decision:09.10.2023
Amrinder Singh @ Amrinder Singh Sekhon .....Petitioner
Vs.
State of Punjab .....Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Manoj K. Sharma, Advocate for the petitioner.
Mr. R.S. Khaira, DAG, Punjab.
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DEEPAK GUPTA, J.
Prayer in this petition is for grant of anticipatory bail in case FIR No.440 dated 23.10.2022 registered at Police Station Sohana, District SAS Nagar, Mohali under Sections 323, 324, 341, 148, 149, 506 & 120B IPC and Section 326 IPC (added later on).
2. FIR was lodged on the complaint of Jaskirat Singh, as per which on 16.10.2022, in order to celebrate his birthday, he with his friend Veer Sagar Singh, after taking Shalini Thakur from her residence, were going in his fortuner car bearing number CH-01-CE-0085. When they reached at light point of Sector 88, a car bearing number PB-65-ZX-9800 came from wrong side, being driven by Harsh Bains, who hit the fortuner car of the complainant. Another car bearing number CH-01-BZ-6565, being driven by Gurjot Basati came and blocked the complainant's car. One more car came from Haryana side being driven by Dushant Pandit, wherein 1 of 4 ::: Downloaded on - 11-10-2023 23:39:02 ::: Neutral Citation No:=2023:PHHC:130554 CRM-M-50262 of 2023 2023:PHHC:130554 Amrinder Singh Sekhon (petitioner herein) and Jasmeet Singh Antal were also sitting. It is alleged that Harsh Bains hit sharp edged weapon on his left hand; whereas Gurjot Basati gave blow with sharp edged weapon on his head. Other assailants also caused injuries to him and then all of them along with Shalini Thakur fled from the spot. It was also stated that the motive behind the incident was that the above said persons were threatening the complainant for the last two months and that on that day, they in connivance with Shalini Thakur had caused injuries to him.
3. It is contended by Ld. Counsel for the petitioner that a cross case vide DDR No.62 dated 11.11.2022 under Section 323/326 IPC has already been registered against the complainant/Jaskirat Singh for causing grievous injuries to petitioner- Amrinder Singh Shekon. As per that cross version, petitioner along with his friend Harshpreet Singh had received telephonic call from co-accused Shalini Thakur to the effect that Jaskirat Singh (complainant in the FIR) was misbehaving with her in inebriated condition. On the basis of location, they reached the light point and when petitioner came out of his car, Jaskirat Singh caused grievous injuries with his Kirpan to him as well as Harshpreet Singh and both of them were taken to the hospital. Learned counsel for the petitioner contends that there is a version and cross-version. Both the parties have sustained injuries attracting Section 326 IPC.
Besides, there is unexplained delay of 7 days in registration of the FIR. Police was not informed about the incident till 23.10.2022; that co-accused Shalini Thakur has already been allowed bail; and that petitioners are students and ready to join investigation. Learned counsel Page No.2 out of 4 pages 2 of 4 ::: Downloaded on - 11-10-2023 23:39:03 ::: Neutral Citation No:=2023:PHHC:130554 CRM-M-50262 of 2023 2023:PHHC:130554 for the petitioners also contends that benefit of anticipatory bail has already been allowed to the similarly placed co-accused Gurjot Singh @ Gurjot Basati, vide order dated 17.07.2023 passed by this Court in CRM- M-29016 of 2023 (O&M) (Annexure P.2) and co-accused Harshpreet Singh @ Harsh Bains and another, vide order dated 04.08.2023 in CRM- M-37984 of 2023 (Annexure P.3).
4. Learned counsel for the State has opposed the bail petition by submitting that petitioner is specifically named in the FIR to be one of the assailants and that his custodial interrogation is required to effect the recovery of the weapon used in the crime.
5. Admittedly, there is a version and cross-version. Both the parties have sustained injuries. Complainant is also alleged to have caused grievous injury to petitioner attracting Section 326 IPC. It will be a matter of trial as to whether injuries to complainant were caused in self defence or not.
6. Having regard to the aforesaid circumstances and on the basis of parity also, but without commenting on the merits of the case, petitioner is directed to be released, in the event of his arrest, on furnishing requisite bonds to the satisfaction of the arresting officer, subject to the condition that he shall join the investigation as and when so required by the Investigating Officer. He shall not contact any person associated with the case to dissuade them from the investigation in any manner whatsoever and nor shall leave the country without prior permission of the Court. He shall further comply with the conditions stipulated in Section 438(2) Cr.P.C.
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7. It is made clear that in case petitioner fail to co-operate in investigation, he shall face the consequences as per law.
October 09, 2023 ( DEEPAK GUPTA )
renu JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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