Punjab-Haryana High Court
Inder Kumar vs State Of Punjab on 2 July, 2024
Author: Manjari Nehru Kaul
Bench: Manjari Nehru Kaul
Neutral Citation No:=2024:PHHC:081635
225 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-29076
29076-2024
Date of Decision : 02.07.2024
Inder Kumar ...Petitioner
Versus
State of Punjab ....Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
Present: Mr. Karanjeet Sing Brar, Advocate , for the petitioner.
Mr. Amit Rana, Sr. DAG, Punjab.
***
MANJARI NEHRU KAUL,
KAUL J. (ORAL)
1. This is a second petition filed by tthe he petitioner seeking the concession of bail under Section 439 of the Cr.P.C. in case FIR No.129 dated 30.07.2023 (Annexure P-1) P under Sections 326, 325, 324, 323, 148, 149 of the IPC registered at Police Station City Fazilka, District Fazilka Fazilka.
2. At the outset, the learned State te counsel has opposed the prayer made by the learned counsel for the petitioner for extending the concession of bail to the petitioner.
petitioner The he prayer of the petitioner has been primarily opposed on three main grounds. Firstly, Firstly there ere is no material change in circumstances since the withdrawal of the previous petition on 22.04.2024, wherein similar relief had been sought. Secondly, although the challan has been presented, charges have not yet been framed because some of the co co-accused who also actively participated in the crime in question, remain at large, and efforts to apprehend them are still underway. Thirdly, the allegations in the FIR which has been annexed as Annexure P-1 P 1 clearly reveal the active participation of the 1 of 4 ::: Downloaded on - 20-07-2024 23:22:17 ::: Neutral Citation No:=2024:PHHC:081635 CRM-M-29076--2024 -2- petitioner ner in the crime in question. Learned State counsel in support has invited the attention of this Court to the allegations levelled against the petitioner in the FIR by urging that he alongwith the co-accused, accused, armed with lethal we weapons pons forcibly entered the house of the complainant and thereafter, inflicted multiple injuries with a sword, including head injury injury, which are corroborated by medical evidence collected by the police. The learned State counsel has further asserted, on instructions, that the petitioner is the prim prime accused at whose behest the crime in question was given effect to. If released on bail bail, there is a high likelihood that he may tamper with evidence or attempt to abscond.
3. Learned counsel for the petitioner, however, has vehemently disputed the submissions made by the learned State counsel and argued that the petitioner is innocent innocen and has been falsely implicated in the case in hand; that there was a delay of almost 9 days in lodging of the FIR in question which clearly hinted towards an embroidered version brought brought-forth forth against the petitioner. It has also been submitted that afte afterr the petitioner was arrested on 30.07.2023, investigation had concluded con as challan stood presented, hence, his further incarceration in the circumstances, would serve no useful purpose.
4. I have heard learned counsel for the parties and perused the relevant material placed on record.
5. Before proceeding further, it would be apposite to reproduce the contents of the FIR (Annexure P-1):
P 2 of 4 ::: Downloaded on - 20-07-2024 23:22:17 ::: Neutral Citation No:=2024:PHHC:081635 CRM-M-29076--2024 -3- "Statement Statement of Rajinder Raj Singh son of Jit Singh son of Bhagwan Singh resident of Madhav Nagri backside of Bhujia Factory Fazilka age about 33 years Mobile No. 70311 03333 stated that I am resident of above mentioned address and doing labor 70311-03333 work. On 21.07.2023 I was present in the house and I along with my wife Manjit Kaur, son Akem and daughter Tanvi were going to Market on Splender Motor Cycle then on the way Aniket and his father Sandeep and his mother Pooja were standing, Aniket was having Handle, who gave first blow on the Motor Cycle and broken Tank of motor motor cycle. Aniket gave Handle blows on my feet and the people of Mohalla rescued, thereafter, we went to our house. Thereafter, I went to the shop to buy b something to my daughter Tanvi, out side the shop of Vicky Karyana Store Madhav Sagri, Inder son of unknown nown resident of Radha Swami Colony and 2 unknown boys were standing. Thereafter, Inder made phone call and Shivam alias Shibu and Aniket son of Sandeep Kumar residents of Madhav Nagri Fazilka and Sonu son of unknown resident of Jattia Mohalla Fazilka came came. At that time Inder caught hold my hairs and said now fight. I said child is with me let me go. They did not hear me and started hurling bricks and stones on me. That one brick hit on my chest and a brick hit on the right arm of my daughter Tanvi, thereaf thereafter, ter, Paramjit Pammi wife of Supinder Singh of Mohalla came there and rescued us from them and send us home. After some time at about 8.00 P.M. when I was present in my house and my wife Manjit Kaur was sitting outside at the gate. When my wife seen that 4 motor cycles were coming towards our house then my wife called me and said boys are coming towards our house. I was just ust coming outside then all of them after pushed the gate, Inder gave kick blow to the gate and entered inside. Inder was armed with sword type Khanda and remaining with him Shivam Shibu son of Gore Lal resident of Radha Swami Colony Fazilka, Aniket son of Sandeep Kumar, Sony son of unknown resident of Jattia Mohalla Fazilka, Ashu son of unknown resident of Dhanka Mohalla Fazilka who were armed armed with sharp Kappas and sharp Swords and remaining 10 unknown persons were also having Kappas, Swords. That Inder with his Sword Type Khanda on my head which hit on the backside of my head and I fell on the ground, thereafter, they gave me direct blows of Swords on my body, which hit on my body left cheek, right leg, right arm, bicep of left shoulder, right shoulder, Index finger of my left hand, middle finger of my left hand, bottom of my left foot, upper side of Reft elbow, then my wife raised noise MAAR MAAR--
DITTA, MAAR-DITTA MAAR DITTA then the aforesaid accused along with their weapons and motor cycles ran away from the spot. Then my wife Manjit Kaur after arranged vehicle got me admitted in Civil Hospital Fazilka for treatment, where I am under treatment. The cause of grudge is that in De De-addiction addiction Center, Pooja mother of Aniket had took my responsibility and were demanding money from me. Due to which they after fight inflicted injuries to me."
me.
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6. Prima facie, a perusal perusal of the allegations levelled in the FIR which has been reproduced hereinabove, indicates that the occurrence in question was a premeditated attack involving all the accused accused, including the petitioner. The petitioner allegedly wielded wield a sword and inflicted ed repeated blows on the person of the complainant including his head. The complainant sustained 6 sharp injuries out of the total 11 injuries documented during his medico legal examination.
7. Given the nature of the injuries, injuries the manner in which the crime was executed, and the current stage of the trial, the petitioner does not merit the concession of bail.
8. Dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.
(MANJARI
MANJARI NEHRU KAUL
KAUL)
July 02, 2024 JUDGE
ps
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
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