- Court
- High Court of Punjab and Haryana
- Decided
- 13 December 2023
- Bench
- Namit Kumar
- Case no.
- CRM-M 51971/2023
Judgment
NAMIT KUMAR, J.
¶1This petition has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No.231 dated 28.12.2015 under Sections 307, 382, 323, 341, 506, 148, 149 IPC registered at Police Station Division No.6, Industrial Area, District Ludhiana.
¶2Present FIR was registered on the statement of complainant Sunny Verma son of Tarsem Verma, resident of 4597/1, Street No.3, Shivaji Nagar, Police Station Division No.6, Ludhiana on the allegations that on
27.12.2015, he along-with his brother Himanshu Verma had gone to birthday party of their common friend Rahul, at Tasty Bite Restaurant and after the party he along-with his brother Himanshu at 10.40 p.m. was returning to their house on their motorcycle and from the park, constructed opposite Tasty Bite Restaurant, Akash @ Kasha, armed with Datar, Kala Ferozpuria armed with sua (Awl), Deepu Kanganwal,who is brother-in-law of Aakash Kasha, Karan Kumar, Kuldeep Kumar @ Lallu, Angad @ Angu and Mana all armed with Datars alongwith 15-20 other persons, armed with weapons, came while raising lalkaras and started inflicting injuries upon them with weapons, due to which his brother Himanshu Verma fell down from the motorcycle. Akash @ Kasha gave Datar blow on the head of his brother with the intention to kill him and his brother Himanshu raised his left hand, which hit on the palm of left hand of his brother. His brother tried to run away, then all accused encircled him and his brother. Aakash @ Kasa gave Datar blow on the head of his brother, which struck on the back of head of his brother. Then Akash @ Kasa gave blow from the reverse side of Datar on the head of his brother, which hit on the nose of his brother and next blow given by Akash @ Kasa hit under the left knee of his brother, Kala Ferozpura gave sua (awl) blows, which hit on the chest of his brother on left side below the heart, he gave second blow, which hit on left side of chest of his brother, Kala Ferozepuria gave third blow with sua (awl) on the stomach of his brother. His brother ran away towards side street while raising hue and cry and complainant ran away towards other side and while complainant was running, Karan Kumar gave Datar blows, which hit on the back and front on his neck and right arm. Petitioner-Deep Kanganwal snatched his mobile i.phone 4 S, Kuldip Kumar @ Lallu, Angad Kumar @ Angu and Mana started raising lalkaras loudly that both the brothers have identified them, so do not allow them to run and kill them. Complainant and his brother raised hue and cry, upon which aforesaid assailants ran away along with their weapons on their different scooters, motorcycles and Swift Dzire car. The motive behind the occurrence was that few days back petitioner-Deepu Kanganwal and his brother-in-law Aakash @ Kasa had met with an accident at Janakpuri turn and his brother Himanshu Verma and Sandeep Singh had stopped them from creating nuisance on the road due to which both the accused entered into quarrel with Himanshu Verma his brother and Sandeep. Thereafter, after arranging the vehicle, complainant took his brother Himanshu Verma to CMC Hospital, Ludhiana where his condition was serious.
¶3Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case. He further contended that neither the petitioner was armed with any weapon nor he caused any injury to Sunny Verma. He further submitted that during trial complainant Sahil Verma @ Sunny Verma and injured Himanshu have failed to identify the accused present in the Court. Injured Himanshu Verma has deposed that earlier statements were given under the pressure of police officials. Learned counsel further submitted that material witnesses in the present case have been examined and they have not supported the prosecution version. He further submitted that co-accused, namely, Sonu Naggar alias Sonu alias Bunda has been granted regular bail by the Court of learned Additional Sessions Judge, Ludhiana, vide order dated 25.03.2022; co-accused Shubham Sidhu @ Ganju has been acquitted by learned Additional Sessions Judge, Ludhiana, vide judgment dated 15.05.2017 and co-accused Karan Kumar has been granted regular bail by this Court vide order dated 05.10.2023 passed in CRM-M-35793 of 2023. He further submits that petitioner is in custody since 01.06.2022. Learned counsel submitted that only allegation against the petitioner is that he snatched the mobile phone of the complainant. Learned counsel further submitted that investigation in the present case is complete; challan has been presented; charges have been framed; out of 14 prosecution witnesses, 03 witnesses have been examined. Petitioner is not involved in any other case. Trial may take a considerable time to conclude. Therefore, no fruitful purpose would be served by detaining the petitioner behind bars.
¶4Per contra, learned State counsel, while placing on record custody certificate and status report dated 09.12.2023 opposed the prayer for grant of regular bail to the petitioner by submitting that petitioner along with co-accused committed murderous attack on the complainant and his brother. However, he could not dispute that complainant and injured have not supported the prosecution version; investigation in the present case is complete; challan has been presented; charges have been framed; out of 14 prosecution witnesses 03 witnesses have been examined; petitioner is not involved in any other case; two co-accused have been granted regular by the trial Court and one has been acquitted.
¶5I have heard learned counsel for the parties and perused the record.
¶6Keeping in view the custody of the petitioner, which is 01 year 05 months and 13 days; material witnesses have resiled from their statements and have not supported the case of the prosecution; co-accused have been granted bail and one has been acquitted; petitioner is not involved in any other case; investigation is complete; challan has been presented; charges have been framed and out of 14 witnesses, three prosecution witnesses have been examined and trial is likely to take a considerable time, however, without commenting upon the merits of the case, the petitioner is ordered to be released on regular bail during trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court.
¶7The petition stands disposed of accordingly. (NAMIT KUMAR)
13.12.2023 JUDGE
Case details
Parties and counsel
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 13.12.2023 Deepak Kumar ...........Petitioner versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Ashish Soi, Advocate, for the petitioner. Mr. Rohit Ahuja, DAG, Punjab.
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.