Punjab-Haryana High Court
Bohra vs State Of Punjab on 11 April, 2023
Neutral Citation No:=2023:PHHC:049454
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CRM-M-24019 of 2022 (O&M)
2023:PHHC:049454
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-24019 of 2022 (O&M)
Date of decision: 11.04.2023
Bohra
...........Petitioner
versus
State of Punjab
.......Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. A.S. Manaise, Advocate, for the petitioner.
Mr. Jashanpreet Singh, DAG, Punjab.
NAMIT KUMAR, J.
CRM-13970 of 2023
This application has been filed by the applicant-petitioner
under Section 482 Cr.P.C. for placing on record judgment dated 01.03.2023
passed by the Court of learned Sub Divisional Judicial Magistrate, Nakodar,
as Annexure P-4.
In view of the averments made in the application, same is
allowed. Annexure P-4 is taken on record subject to all just exceptions.
CRM-M-24019 of 2022
This petition has been filed by the petitioner under Section 439
Cr.P.C. seeking regular bail in case FIR No.72 dated 29.05.2021 under
Sections 302, 336, 506, 148, 149 IPC and Sections 25 & 27 of the Arms
Act, Registered at Police Station Sadar Ferozepur, District Ferozepur.
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The present FIR was registered at the instance of Vijay Kumar
son of Ashiq, on the allegations that on 29.05.2021 at about 02.00 p.m., he
came back to his house from the shop, where he is working. There arose
noise outside his house. He came out and saw Davinder @ Laddi along with
Rishu quarreling with his brother Sonu @ Chooha. The respectables of
locality pacified them and sent back to their respective houses. Thereafter,
Sarpanch Major Singh and Chhinder Singh Member convened Panchayat at
the house of Mohinder Pal son of Surinder Pal to prevail better sense
amongst the quarreling persons. When complainant along with others was
standing outside in the street David @ Laadi armed with Pistol, Lovekesh
son of Major, Akash son of Nishan, Abbi son of Mohinder Pal armed with
Pistols, Jagga son of Sheera armed with Kappa, Bagga son of Pagga, Rinku
son of Mohinder Pal, Samson son of Rinku, Ravi Pardhan along with 5-6
unknown persons while firing shots in air came to the houses of
complainant party, looking for Jafar son of Manjeet Kaur, who did not meet
and they left the spot. Thereafter, at about 04.00 p.m., his brother Sonu went
to the house of Mohinder Pal, where the Panchayat was convened for
effecting compromise. He heard shrieks from house. He saw from terrace
that David @ Laadi armed with pistol, Lovekesh, Akash, Abbi, Jagga,
Pagga, Rinku, Samson and Ravi Pardhan were giving beatings to his
brother. They threw his brother from terrace after firing shots on him. His
brother succumbed to firearm injuries. Besides this, Laadi fired shots in his
house in order to save his father Mohinder Pal and Rinku. According to
complainant, the motive behind the occurrence was that, one Sherry, friend
of his brother had pledged I-20 car belonging to David for some money, due
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to which there was dispute between them and they killed his brother.
Learned counsel for the petitioner submits that the petitioner is
innocent and has been falsely implicated in the present case. He further
submits that petitioner was not named in the FIR and has been named in the
supplementary statement of the complainant. He further submits that no
specific role has been attributed to the petitioner. Only allegation against
the petitioner is that he was part of the unlawful assembly. Learned counsel
further submits that investigation in the present case is complete; challan
has been presented and charges are yet to be framed. He submits that
petitioner is in custody since 18.06.2021. No recovery has been effected
from the petitioner. Learned counsel further submits that petitioner was
involved in two more cases, however, in one case bearing FIR No.442 dated
09.11.2014 under Sections 3/4 of the Cow Slaughter Act, 1957, Sections
295A, 279, 337, 338, 427, 429 IPC he has been acquitted by the Court of
learned Sub Divisional Judicial Magistrate, Nakodar, vide judgment dated
01.03.2023 (Annexure P-4) and in FIR No.20 dated 20.03.2012 under
Sections 341, 427, 506, 148, 149 IPC (Sections 326 IPC added later on),
District Ferozepur, he was found innocent. He further submits that trial
may take a considerable time to conclude. Therefore, no fruitful purpose
would be served by detaining the petitioner behind bars.
Per contra, learned State counsel, while placing on record
custody certificate, has opposed the prayer for grant of regular bail to the
petitioner. However, he could not refute that investigation in the present
case is complete; challan has been presented and charges are yet to be
framed; petitioner is in custody for a period of 01 year 09 months and 24
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days; in FIR No.442 dated 09.11.2014 he has been acquitted and in FIR
No.20 dated 20.03.2012 he was found innocent and trial may take a
considerable time to conclude.
I have heard learned counsel for the parties and perused the
record.
Keeping in view the custody of the petitioner, which is 01 year
09 months and 24 days; investigation in the present case is complete;
challan has been presented and charges are yet to be framed 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.
The petition stands disposed of accordingly.
(NAMIT KUMAR)
11.04.2023 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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