Nachattar Singh Alias Bunty vs State Of Punjab on 4 October, 2023

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Punjab-Haryana High Court

Nachattar Singh Alias Bunty vs State Of Punjab on 4 October, 2023

Bench: Pankaj Jain

CRM-M No.49238 of 2023 (O&M) sl: = 2023: PHHC:128640

239 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRM-M No.49238 of 2023 (O&M)
Date of decision : 04.10.2023

Nachattar Singh @ Bunty ea Petitioner
versus
The StateofPunjabo ae Respondent

CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN

Present :-

ke

Mr. Kulwant Singh, Advocate
for the petitioner.

Mr. Amit Shukla, Asst. A.G., Punjab.

REE

PANKAJ JAIN, J. (ORAL)

This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case F.I.R. No.217 dated 06.11.2022 registered under Sections 308/323/325/506/148/149 IPC at Police Station Dakha, District Ludhiana.

under :-

POOJA SHARMA 2023.10.05 18:02 I attest to the accuracy and integrity of this document

As per the allegations levelled in the FIR, it has been alleged as "Statement of Harpreet Singh son of Rajinder Singh, resident of House No.9/139, Guru Nanak Nagar Mandi Mullanpur, Police Station Dekha, District Ludhiana, aged about 31 years, Mobile No. 97818-65900 and its subject matter is as under- Stated that I am a resident of abovesaid address and doing work of sale and purchase of old cars. On 19.09.2022, I and my elder brother Gurdeep Singh were at home, at around 5:30 PM my brother got a call from Jaswinder Singh @ Happy, the present MC of Prem Nagar, Mandi Mullanpur from phone number 87288-91881 saying that our plot which is with Raju, today we will sit together and compromise with each other and in case area of the plot increases, gave us money and after all this, Jaswinder Singh @Happy abovesaid asked us to come near our plot at back side of the Baba Balak Nath Mandir, Mandi Mullanpur at 6 o'clock in the evening. Then I and my elder brother CRM-M No.49238 of 2023 (O&M) :2:: 2023:PHHC:128640 Gurdeep Singh reached near our plot in our Innova car, after some time Jaswinder Singh @ Happy along with his other 6-7 person came at the spot in Aggelo car and as soon as they came, they started saying that today we will settle all our accounts, then Bunty who had a baseball bat in his hand and is nephew of Happy, as soon as he came and he hit me with the baseball bat, which I ward off with my left hand, then Jaswinder Singh @ Happy hit me on the forehead with the pipe rod that was in his hand and blook started oozing, then my elder brother Gurdeep Singh ran towards me to save me from them, then Bunty, Raju and Kala, residents of Prem Nagar, Mullanpur started beating my brother with a baseball bat and thereafter Kala hit my brother on the left side of the head with his baseball bat. Due to which, my brother's ear started to bleed profusely. Then Mintu driver, resident of Prem Nagar, Mullapur, who also had a baseball bat in his hand, hit my back with his baseball, and I fell down. Then Rocky Rulda, resident of Prem Nagar, hit on my right leg several times with a baseball bat holding in his hand and I and my elder brother shouted loudly, "Bachao Bachao", thereafter, Jaswinder Singh alias Happy hit me on the ankle of my left leg with a pipe rod (handle) holding in his hand. Meanwhile Navdeep Singh @ Titu, resident of Jagpur Road Mandi Mullanpur also came at the spot holding a baseball bat in hand and he hit me several times on back while I was fallen down. When we raised alarm then the above persons ran away from the spot alongwith their respective weapons after giving us beating. The reason behind the incident is that we had a little argument with Happy, Titu, Raju etc., regarding the decision of our plot. Due to which, abovesaid person have beaten us. Today I have got recorded statement which was heard and the same my is correct."

3 Learned counsel for the petitioner submits that though the petitioner is alleged to have tried to hit the complainant with the baseball bat but the same was admittedly warded off by the complainant with his hand which thus did not result in any injury. He further relies upon order dated 30.05.2023 passed in CRM-M-26559-2023 whereby co-accused Jaswinder Singh @ Happy and order dated 07.08.2023 passed in CRM-M-

22719-2023 whereby co-accused Gurbachan Singh @ Kala have been admitted to bail observing as under :-

POOJA SHARMA 2023.10.05 18:02 I attest to the accuracy and integrity of this document

CRM-M No.49238 of 2023 (O&M) 3:: 2023:PHHC:128640 4 "] This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.217 dated 06.11.2022 registered under Sections 308/323/325/506/148/149 IPC at Police Station Dakha, District Ludhiana.

2 Custody certificate dated 05.08.2023 by way of affidavit of Balvir Singh, PPS, Additional Superintendent of Central Jail, Ludhiana on behalf of State has been filed. The same is taken on record.

3 Learned counsel for the petitioner submits that the petitioner has been attributed baseball bat blow on the head of the brother of the complainant but admittedly injury was suffered on the ear. Apart from that main accused namely Jaswinder Singh @ Happy who gave hand pump handle blow on the forehead of the complainant, who stands admitted to regular bail vide order dated 30.05.2023 passed in CRM-M-26559 of 2023. Challan stands presented. Investigation is thus complete and there can not be any apprehension that the petitioner shall tamper with the evidence. Apart from that learned counsel for the petitioner relies upon Annexure P-4 to submit that the matter since related to altercation, the parties have reconciled their differences and compromised the matter.

4 Per contra learned State counsel submits that the petitioner is a habitual offender and is facing another FIR No.232 dated 09.12.2018 for offence punishable under Sections 457/380 IPC. He further does not dispute that the petitioner already stands admitted to bail in the said matter.

5 I have heard learned counsel for the parties and have gone through the records of the case.

6 Without commenting on the merits of the case and considering the incarceration suffered by the petitioner and the fact that there is no apprehension that the petitioner shall tamper with the evidence, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.

7 Needless to say that anything observed herein shall not be construed to be e3) an opinion on the merits of the case.

Learned State counsel is not in a position to controvert the aforesaid factual assertions made by the counsel for the petitioner based on records of the case.

I have heard learned counsel for the parties and have gone through the records of the case.

Without commenting on the merits of the case by granting parity with co-accused and considering the incarceration suffered by the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the Ld. Trial Court/Duty Magistrate, concerned.

POOJA SHARMA 2023.10.05 18:02 I attest to the accuracy and integrity of this document

CRM-M No.49238 of 2023 (O&M) 24:: 2023:PHHC:128640 7 Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case.

(PANKAJ JAIN ) JUDGE 04.10.2023 Pooja sharma-I Whether speaking/reasoned Yes Whether Reportable : No POOJA SHARMA 2023.10.05 18:02 I attest to the accuracy and integrity of this document

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