Punjab-Haryana High Court
Gurwinder Singh vs State Of Punjab on 24 January, 2023
SANDEEP 300 CRM-M-21484-2022 -l- CRM-M-25088-2022 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CRM-M-21484-2022 Date of Decision:- 24.01.2023 DHARAMPAL ....Petitioner Vs. STATE OF PUNJAB ...Respondent AND (2) CRM-M-25088-2022 GURWINDER SINGH ....Petitioner Vs. STATE OF PUNJAB ...Respondents CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Tanvir Singh Attariwala, Advocate for the petitioner. Mr. Mohinder Singh Joshi, Additional A.G. Punjab. Mr. B.S. Bali, Advocate for the complainant. 3 2 2fe 2c ie AMARJOT BHATTI, J. (Oral)
The petitioner -- Dharampal in CRM-M-21484-2022 and the petitioner Gurwinder Singh in CRM-M-25088-2022 have filed the separate petitions under section 438 Cr.P.C. for grant of anticipatory bail in FIR 2023.01.25 18:37 I attest to the accuracy and integrity of this document SANDEEP 300 CRM-M-21484-2022 -2- CRM-M-25088-2022 No.74, dated 22.04.2022 under Sections 341/323/354-B/506/34 IPC (Section 325 IPC added later-on) registered at Police Station Tribaba, District Police Commissioner, Ludhiana. Both these petitions have arisen out of the same FIR, therefore, are taken up together for disposal.
The facts of the case are that Suresh Kumar - complainant gave his statement to the police that he is a auto rickshaw driver by profession. His wife Geeta Rani is doing private job. On 20.04.2022 they were sleeping in their house. At about 12.30 PM they heard noises of quarrel in the street and on this he along with his wife Geeta Rani came out. They saw Dharampal, his sons Gurwinder Singh, Harvinder and daughter Binder were quarreling with his brother Pardeep Kumar @ Prince and were abusing and beating him. When he enquired from Dharampal, Harvinder gave six daang blows which hits on his left hand, chest and left leg. His wife Geeta Rani tried to rescue him. They surrounded Geeta Rani and Gurwinder pick up a brick from the street and gave brick blow which hit on the back side of her head near the neck. Harvinder Singh also gave brick blow which hit on her face. His wife became unconscious and fell down. Harvinder outraged the modesty of his wife. They were rescued by their neighbour Mangat Singh and other persons present in the street. His wife was taken to Civil Hospital Ludhiana and after giving first aid she was admitted in DMC Ludhiana where she is undergoing treatment. With these allegations the present FIR has been registered.
Learned counsel for both the petitioners argued that it is a case of version and cross version. On the written complaint of Dharampal D.D.R. No.028 dated 22.08.2022 was registered. The entire incident was 2023.01.25 18:37 I attest to the accuracy and integrity of this document SANDEEP 300 CRM-M-21484-2022 -3- CRM-M-25088-2022 captured in CCTV camera. One pen drive and photographs of the alleged occurrence are placed on record which are Annexure P-2 and P-3. In-fact no such occurrence took place. PCR police had also reached on the spot. There is delay in lodging the FIR. A false FIR has been registered with due deliberations. Their anticipatory bail applications have been wrongly declined by the learned Additional Sessions Judge, Ludhiana and the copies of the orders are placed in the respective bail applications. They are ready to join the investigation. No purpose would be served by sending them behind the bars. It is prayed that their anticipatory bail applications may be allowed.
On the other hand, learned counsel representing the complainant strongly argued that there are specific serious allegations against both the petitioners who gave serious injuries to Geeta Rani who is still under medical treatment. Counsel for the complainant has placed on record the photographs of the injured as Annexure R-2 and copy of discharge summary is Ex.R-1. She suffered injuries on her face i.e. on left frontal bone and right nasal bone fracture. Suresh Kumar was also beaten up. The petitioners are specifically named and the weapons used by them are yet to be recovered. Therefore, both the petitioners are not entitled to be released on anticipatory bail. Learned counsel representing the State has also filed the status report confirming the aforesaid facts.
I have considered the arguments and have gone through the record carefully. Both Dharampal and his son Gurwinder Singh, the petitioners referred above are specifically named and specific role is 2023.01.25 18:37 I attest to the accuracy and integrity of this document SANDEEP 300 CRM-M-21484-2022 -4- CRM-M-25088-2022 attributed to them. The occurrence is not disputed by the petitioners as they are also lodging cross-version recorded vide DDR No.28 dated 22.08.2022. The FIR was registered on 22.04.2022. Learned counsel for the complainant has placed on record the discharge summary of Geeta Rani showing the aforesaid serious injuries suffered by her. Her photographs in injured conditions are also produced on the record. This fact is also confirmed in para No.6 of the status report filed by the learned counsel representing the State. The present petitioners are yet to join the investigation. In case they are released on bail the investigation of the case will be adversely effected. The alleged weapons of offence are also to be recovered. Therefore, considering the facts of the case and the manner in which offence has been committed, in my opinion Dharampal and his son Gurwinder Singh are not entitled to the concession of anticipatory bail. Therefore, both the anticipatory bail applications are declined. Pending application, if any, shall also stands disposed of.
A photocopy of this order be placed on the file of connected Case.
24.01.2023 (AMARJOT BHATTI) snd JUDGE Whether speaking/reasoned: Yes/No. Whether reportable: Yes/No 2023.01.25 18:37 I attest to the accuracy and integrity of this document