Himachal Pradesh High Court
Harjot Singh vs State Of Himachal Pradesh & Others on 21 July, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Criminal Revision No.289 of 2021
.
Decided on : 21.07.2023
Harjot Singh ...Petitioner
Versus
State of Himachal Pradesh & Others ...Respondents
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the petitioner : Mr. Amrinder Singh Rana, Advocate.
For the respondents : Mr. Mohinder Zharaick, Advocate for
respondent No.1.
Mr. Sanjeev Kumar Thakur, Advocate,
for respondents No.2 and 3.
Virender Singh, Judge (oral)
PetitionerHarjot Singh has filed the present petition under Section 397 read with Section 401 of the Code of Criminal Procedure, (hereinafter referred to as 'CrPC'), for setting aside the orders dated 8.2.2021, passed by learned Additional Sessions Judge, Nalagarh, District Solan (hereinafter referred to as the 'Appellate Court'), in Case Nos.
1Whether Reporters of local papers may be allowed to see the judgment? Yes.
::: Downloaded on - 25/07/2023 20:36:35 :::CIS 212 & 13 of 2021, in FIR No.374 of 2020, registered with Police Station, Nalagarh, under Sections 323, 324, 504, 506, 341, 325 .
of the Indian Penal Code (hereinafter referred to as the 'IPC') with a prayer to cancel the anticipatory bail granted to respondents No.2 and 3.
2. As per the factual position, which has been asserted in the petition, the petitioner was beaten by respondents No.2 and 3 with dangerous weapon i.e. big Sickle (Darat), Sword and stick (Lathi). Petitioner is stated to have been suffered one computed fracture on the forehead by big sickle (Darat).
3. To buttress the contentions, petitioner has relied upon the CT Scan report given by Government Multispecialty Hospital, Chandigarh. Copy of the said report has been annexed, as Annexure P2.
4. Apart from this, it is the case of the petitioner that he has suffered two injuries with sword. Explaining the said injuries, it has been pleaded that injury No.1 was sharp deep, lacerated wound 5CM deep and 3x3 CM wide on back at T12 ::: Downloaded on - 25/07/2023 20:36:35 :::CIS 3 vertebra and another sharp deep lacerated would 5CM deep and 3x3 CM wide on left side of abdomen.
.
5. Highly relying upon the opinion given by the doctors, it has been prayed that the learned trial Court has not been considered all these facts, while allowing the applications. Seriousness of the offence has also not been considered.
6. On the basis of the above facts, a prayer has been made to allow the petition.
7. When put to notice, the police filed a status report disclosing therein that on 2.12.2020, an information was received from the Civil Hospital, Nalagarh, regarding a quarrel, which had taken place at Sodi Gulabpura. It has also been informed that the injured has been brought for treatment in the Hospital.
7.1. This information was reduced into writing vide rapat No.74 dated 2.12.2020. Thereafter, ASI Rattan Lal, along with police officials, reached at CHC Nalagarh, where injured Harjot was found to be admitted. His medico legal examination was conducted and Medical Officer, CHC ::: Downloaded on - 25/07/2023 20:36:35 :::CIS 4 Nalagarh, opined that the said person is unfit for making the statement. He was, thereafter, referred to PGI Chandigarh for .
further treatment.
7.2. A perusal of the MLC conducted by Medical Officer, CHC Nalagarh, reveals that Injury No.1 was Blunt, Injuries No.2 and 3 were sharp. For injury No.1, final opinion after PGI, Ortho Opinion, for injuries No.2 and 3, surgeon opinion and injury No.4 Dental opinion, has been mentioned.
The probable duration of the injuries has been mentioned, as 12 hours.
7.3. Thereafter, complainant Abhishek Bhardwaj, got recorded his statement under Section 154 Cr.P.C., disclosing therein that he is studying in Khalsa College. On 2.12.2020, he had gone to attend the reception party at Sodhi Gulabpura.
At about 8.00 p.m., when he joined the marriage party, then he noticed that 34 persons, namely Manu @ Mandeep, Harsh Singh and Kechhu, who were having 'Darat' (big Sickle), Sword, 'Gatra' (small religious sword), were quarreling and they were abusing Harjot Singh.
::: Downloaded on - 25/07/2023 20:36:35 :::CIS 57.4. Harjot fell down unconscious and he sustained injuries on his back and head with 'Gatra'. Blood was also .
oozing out from the injuries and also from mouth, as his tooth has broken. When the complainant made efforts to take the injured for treatment, then, the above persons have prevented him to do so and they came out of the vehicle HP12N BREEZA and uttered the words that today he has been saved, in future, they will see him. According to him, the incident was witnessed by Harmander Singh Harpreet @ Happy.
Lastly, a prayer has been made to take action against those persons.
7.5. On the basis of the above facts, the police registered FIR, under Sections 341, 323, 504, 506, 324, 34 IPC.
During investigation, spot was visited.
7.6. On 3.12.2020, Harjot Singh was discharged from Hospital and his statement under Section 161 Cr.PC was recorded, as per his version. Photocopy of the discharge summary was also obtained.
::: Downloaded on - 25/07/2023 20:36:35 :::CIS 67.7. On 7.12.2020, the Dental opinion, with regard to injury No.4, was obtained. On 8.12.2020, the final opinion has .
been given, as under:
"Nature of injury Grievous
Duration of injury 3 days"
7.8 Thereafter, the final opinion regarding injuries on
the person of Harjot, was obtained, which is reproduced, as under: "FINAL OPINION OF MLC OF HARJOT SINGH DATED 2.12.2020 FINAL OPINION INJURY NO.1-
AS PER ORTHO OPINION BASED IN CT SCAN REPORT OF GMSH SEC 16 CHANDIGARH AND RADIYOLOGY OPINION, THERE WAS COMMINUTED FRACTURE IN LEFT ANTERIOR FRONTAL BONE OF HEAD, SO INJURY NO.1 IS GRIEVOUS FINAL OPINION INJURY NO. 2 & 3- AS PER REPORT SUBMITTED BY MEDICAL OFFICER SOLAN, AS PER NGI HUNT FILM & REPORT THERE IS FRACTURE IN LEFT ANTERIOR FRONTAL BONE NO EVIDENCE OF ANY ORTHOVISIAL INJURY HENCE ENDERGMENT OF LIFE, HENCE INJURY NO 2 & 3 MAY NOT BE GRIVIOUS. FINAL OPINION INJURY NO. 4. AS PER DENTAL SURGEON REPORT OF CHC NALAGARH, THERE WAS CONTRUSION OF TOOTH, HENCE INJURY IS GRIVIOUS"
7.9. On the basis of the above fact, Section 325 IPC, was added, in this case.
7.10 Thereafter, the police has specifically put question to the Medical Officer, with regard to the fact that whether the ::: Downloaded on - 25/07/2023 20:36:35 :::CIS 7 injury is dangerous to the life or not, upon which, the Medical Officer has given the following opinion: .
" IN RESPONSE TO LETTER RECEIVED FROM POLICE STATION NALAGARH NO. 5190/5A DATED 16.12.2020 AS FOLLOW AS PER EXPERT OPINION TAKEN FROM REGIONAL HOSPITAL SOLAN WHICH SAY THAT THERE IS FRACTURE IN LEFT ANTERIOR FRONTAL BONE NO EVIDENCE OF ANY INTRACRANIAL INJURY HENCE ENDENGERING OF LIFE. HENCE// INJURY NO.1, 2, 3 & 4 ARE NOT LIFE THREATNING OR ENDENGERING LIFE."
8. It is the further case of the police that on 4.1.2021, the accused Mukesh Kumar has moved an application for anticipatory bail under Section 438 CrPC, where the interim relief was granted to them. They had associated in the investigation of the case.
9. During investigation, the police had also recovered a 'Gatra' used by accused Harshdeep Singh and 'Danda', allegedly used by Mukesh Kumar. Sketch of the 'Gatra' was prepared and medical opinion has been sought, which is reproduced as under: "1.02.21 One parcel brought by police SI Babu Ram on 1/02/21 at 10 am and seal of parcel open by me weapon is conure in front with blunt edges. In my opinion the wound no. (2) & (3) inflicted to Mr. Harjot Singh is by sharp ::: Downloaded on - 25/07/2023 20:36:35 :::CIS 8 and straight weapon. In opinion this weapon is conured with blunt edges do not cause above mentioned injuries parcel sealed by me and .
sealed"
10. Since the accused Harshdeep Singh has not produced the original 'Gatra', with which, he has inflicted injuries, as such, Section 201 IPC was added in this case.
11. It is the further case that the bail applications of accused Harshdeep Singh and Mukesh Kumar @ Kechhu was allowed vide orders dated 8.2.2021. Lastly, it has been submitted that after completion of the investigation, final report under Section 173(2) CrPC, has been filed on 28.4.2021, in the Court of learned Judicial Magistrate First Class, Nalagarh.
12. Learned counsel for the petitioner has submitted that the orders dated 8.2.2021, granting anticipatory bail to respondents No.2 and 3, are liable to be set aside, by this Court. Orders dated 8.2.2021, have also been perused.
13. The learned trial Court has also specifically held on the basis of the reply that no recovery is to be effected, at the instance of the applicants, as such, the interim orders, ::: Downloaded on - 25/07/2023 20:36:35 :::CIS 9 which have been passed in favour of respondents No.2 and 3, has been confirmed. There is no averments, in the status .
report, filed by the police, that Section 307 IPC has been added, in this case.
14. Learned trial Court has decided the bail applications, on the basis of the status report filed by the police, before the learned trial Court. There is no iota of the averments, in the entire status report that Section 307 IPC has also been added, then the prayer, as made in the applications, cannot be accepted, on the basis of the CT Scan report, as it is the sole prerogative of the learned trial Court, to consider all these documents, at the time of framing the charges.
15. So far as the effect of nonconsideration of Annexure P6, while deciding of the bail applications, is concerned, the same no way helps the case of the petitioner.
The bail applications have been decided, by the learned trial Court, on the basis of document/status report filed before it, by the police.::: Downloaded on - 25/07/2023 20:36:35 :::CIS 10
16. At the time of deciding the bail application, filed either under Section 438 CrPC or Section 439 CrPC, the Court .
is not supposed to discuss the evidence so collected in detail, as it would cause prejudice to the case of the prosecution, as well as, that of the accused.
17. The entire petition is silent, as to how the orders passed by the learned trial Court, on the applications under Section 438 CrPC, moved by respondents No.2 and 3, are liable to be set aside.
18. Considering all these submissions, there is no substance in the present petition and the same is according dismissed.
19. Pending miscellaneous applications, if any, shall also stand disposed of.
( Virender Singh ) Judge July 21, 2023(ps) ::: Downloaded on - 25/07/2023 20:36:35 :::CIS