Punjab-Haryana High Court
Vinod Kumar vs State Of Punjab on 8 May, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CRM-M No.21851 of 2024 (O&M) ss: 2024:PHHC:064022 245 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No. 21851 of 2024 (O&M) Date of decision : 08.05.2024 Vinod Kumar 2 --"'--s--s--s~s--s--s--s--s--s--SSS Petitioner versus StateofPunjab ae Respondent CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN Present :- REE Mr. Vikram Chaudhri, Senior Advocate with Ms. Hargun Sandhu, Advocate and Mr. Rishab Tewari, Advocate for the petitioner. (through V.C.) Mr. Mohit Kapoor, Sr. DAG, Punjab. REE PANKAJ JAIN, J. (ORAL)1
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case F.I.R. No.38 dated 30.03.2024 registered under Sections 307/148/149/506/120-B IPC and Sections 25/54/59 Arms Act and later on added Sections 201/212/219 IPC at Police Station Sadar Pathankot, District Pathankot.
2 POOJA SHARMA 2024.05.09 16:48 I attest to the accuracy and authenticity of this order/judgment.As per the FIR, it has been alleged as under :-
"Statement of Rahul Kumar Shallu s/o Shri Thakurdas, resident of Kache Quarter, P.S. Division No. 2 Pathankot, District Pathankot, aged 33 years, Mobile No. 7837995005, Adhaar Card No. 7977602804664. It is stated that I am resident of afore mentioned address. I am running a shop in the name of Common Service Centre in Mohalla Katcha quarter, Pathankot. Today on 30th March, 2024 I along with my friends namely Vikrant Singh @ Vicki, s/o Bachan Lal, Rio Katche Quarter, Rahul Kumar s/o Sewa Ram Ro Katche Quarter, Kashmir Singh @ Billi R/o Partap Nagar were going to Sessions Court Pathankot for attending the case registered against us under section 307 IPC. After attending the case, I along with my other friends were taking tea at Bashi Shop, Sharna. [, along with Vikrant Singh, Lakhwinder Singh @ Lucky s/o Rattan Singh, CRM-M No.21851 of 2024 (O&M) 2: 2024:PHHC:064022 POOJA SHARMA 2024.05.09 16:48 I attest to the accuracy and authenticity of this order/judgment. r/o New Kharial, Jaswinder Singh Sethi s/o Jeet Singh R/o New Kharial, PS Shahpur Kandi were sitting on one table. Rakesh Kumar s/o Hans Raj R/o Jaswal and Kumar s/o Surinder Kumar R/o Lahori Baiya were taking tea on a separate table. Time was around 12 in the noon. In the meantime, Vishal Chaudhari @ Ishu R/o Unchi pulli, Nathu Nagar, P.S.Division No.2, Pathankot armed with pistol, Gulshan R/o Katche Quarter, P.S. Division No.2 armed with pistol, Gopi R/o Daulatpur armed with pistol, Prince @ Dodi R/o Unchi Pulli, Nathu Nagar armed with pistol, Abhishek Bawa R/o Bawa, Mohalla Pathankot, armed with pistol, Chandan s/o Bau Ram resident of Katche quarter, Pathankot armed with Datar, Rinku r/o Unchi Pulli, Nathu Nagar, Pathankot armed with Datar, Rishu Chaudhary @ Babb s/o Ashok Rio Unchi Pulli Pathankot armed with iron rod, Varun @ Vannu R/o Mukerian armed with Datar, Anshu Chaudhari Ro Unchi Pulli Pathankot armed with Datar and along with 9-10 unknown person came there. All of them are members of Londi Gang. Gopi R/o Daulatpur raised a Lalkara that we should be taught a lesson for picking up a quarrel with them. At this, Gopi R/o Daulatpur with intention to kill fired from his pistol at Vikrant Singh which hit on his right shoulder. Then Vishal Chaudhari fired from his pistol at Lakwhinder Singh @Luch, which hit on his right side abdomen. Gulshan fired from his pistol upon me which hit on Ajay Kumar sitting along with me on his stomach below right side of his abdomen. Prince @ Dodi fired from his pistol at Vikrant which hit on his left leg. Abhishek Bawa with the intention to kill me fired from his pistol upon me. Then I hid myself near the corner of the shop, resultantly shot crossed above me. Then Vishal and Gulshan with intention to kill, fired shots from their pistol upon us and but the shots crossed close to us. Rinku gave Datar blow upon Jaswinder Singh which hit on right side of his forehead. Chandan gave reverse side of Datar blow upon Jaswinder Singh which hit on the thumb of his left hand. Rishu Chaudhary gave iron rod blow upon Rakesh which hit on his left wrist. All the accused person after issuing threats of elimination fled away from the spot on their vehicles and motorcycles along with their respective weapons while issuing threats of elimination. The entire occurrence has been witnessed by us. The reason for the fight is that Londi R/o Daulatpur has formed a gang and all of above assailants are members of his gang. Few days earlier some scuffle took place between us. In order to take revenge Londhi R/o Daulatpur after hatching a conspiracy and with the intention to kill us have attacked upon us. Rahul s/o Sewa Ram after arranging the vehicle got admitted Vikrant Singh and Lakhwinder Singh in Amandeep Hospital, Pathankot. After arranging the vehicle, Rakesh Kumar and Ajay Kumar were got admitted in Randhawa hospital, CRM-M No.21851 of 2024 (O&M) 333: 2024:PHHC:064022 Pathankot, where they are under treatment. I along with my friend Asmit Billi R/o Partap Nagar Pathankot were going to police station for giving information and you have met us. Legal action be taken. Statement has been heard which is correct. SD/- Rahul Kumar signed in English attested by Harmik Singh SHO Police Station Sadar Pathankot dated 30th March, 2024."
3 Custody certificate has been filed. The same is taken on record. 4 Learned counsel for the petitioner submits that the even if the contents of the FIR are taken on their face value no offence is made out against the petitioner. The only allegation qua the petitioner is that all the culprits belong to his gang.
5 Learned State counsel does not dispute that the petitioner was not present on the spot but submits that the petitioner is a dreaded hard core criminal and was key conspirator.
6 The petitioner is behind bars for 28 days.
7 I have heard learned counsel for the parties and have gone through the records of the case.
8 Without commenting on the merits of the case 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. 9 Needless to say that anything observed herein shall not be construed to be an opinion on the merits of the case.
(PANKAJ JAIN ) JUDGE 08.05.2024 Pooja sharma-I Whether speaking/reasoned Yes Whether Reportable : No POOJA SHARMA 2024.05.09 16:48 I attest to the accuracy and authenticity of this order/judgment.