Punjab-Haryana High Court
Mohit Rawal vs State Of Haryana on 13 April, 2023
Neutral Citation No:=2023:PHHC:052252
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CRM-M-12347 of 2023
2023:PHHC:052252
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-12347 of 2023
Date of decision: 13.04.2023
Mohit Rawal
......Petitioner
Versus
State of Haryana
......Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: - Mr. S.S. Nain, Advocate,
for the petitioner.
Ms. Gaganpreet Kaur, AAG, Haryana.
Mr. Johan Kumar, Advocate,
for the complainant.
NAMIT KUMAR, J.
1. This petition has been filed by the petitioner under Section
438 Cr.P.C. seeking anticipatory bail in case FIR No.914 dated
22.11.2022 under Sections 148, 149, 323, 324, 506 IPC and lateron
added Sections 325 and 307 IPC, registered at Police Station City
Panipat.
2. The case of the prosecution is that on 21.11.2022, an
information was received from Control Room, Panipat regarding
admission of one Prince son of Sanjay in Artios Hospital, Panipat after
having injured in a quarrel. On receipt of this information, ASI
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Dharmender alongwith other police official reached at the hospital and
moved an application seeking opinion of the doctor regarding fitness of
the injured, upon which concerned doctor opined injured Prince as unfit
to make statement. Thereafter, on 22.11.2022, ASI Dharmender again
visited the hospital and moved application seeking opinion of the
doctor, upon which concerned doctor opined injured Prince as fit to
make a statement. Thereafter, injured Prince presented an application
alleging therein that on 20.11.2022, at about 6.30 pm, he received a
telephonic call from petitioner-Mohit resident of Dadola, who called
him near the overpass of drain, upon which he alongwith his brother
Sachin and friends Rohan and Sumit reached there. Then 15-20 boys
came from their back side while carrying lathis, dandas, gandasi and
others weapons and they attacked upon them from their back side with
lathis, dandas and swords. The accused persons gave sword blows to
him on his head and ear, due to which he fell down and then they
caused injuries on his legs and hands. He sustained severe injuries. His
brother also sustained injuries. However, his friends fled from the spot.
On seeing the public coming on the spot and presuming him as dead as
huge blood came out, the accused persons fled from the spot and while
leaving, they extended threat with dire consequences. The complainant
also mentioned the names of the accused persons as Vishal, petitioner-
Mohit, Robin, Aman, Vipin and he can identify the remaining persons,
if produced before him. He also produced his MLR before the police.
On the basis of this complaint, a case under Sections 148, 149, 323,
324 and 506 of IPC was registered. Investigation proceedings were
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initiated. Treatment record of injured Prince was obtained from the
hospital and the opinion of the concerned doctor regarding nature of the
injuries was also obtained. Thereafter, offences under Sections 325 and
307 of IPC were added. On 12.01.2023, co-accused Ritesh, Robin,
Vishal were joined in the investigation and subsequently, were arrested
in this case. During interrogation, they suffered disclosure statements
admitting their involvement in the subject crime. Accused Robin and
Ritesh got recovered dandas allegedly used in the subject crime and the
same were taken into police custody.
3. Learned counsel for the petitioner has contended that the
petitioner is innocent and has been falsely implicated in the present
case by the complainant with ulterior motive. He further submitted that
it was a free fight between both the parties and both the sides suffered
injuries. He further submitted that no specific role has been attributed
to the petitioner nor any injury has been attributed to him. He further
submitted that nothing is to be recovered from the petitioner and he is
ready and willing to join the investigation.
4. Learned State counsel, assisted by learned counsel for the
complainant, has opposed the prayer for grant of anticipatory bail to the
petitioner by submitting that petitioner is the main conspirator and there
is specific allegation against him that he attacked the complainant with
sword and caused injuries to him. Therefore, his custodial
interrogation is necessary. Learned State counsel has filed reply dated
11.04.2023 by way of affidavit of Dharamvir Singh, Deputy
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Superintendent of Police, Head Quarters, Panipat, wherein it has been
mentioned as under: -
"ii. That after registration of the FIR, the investigation
was carried out by ASI Dharmender Singh No.33, who has
reached at the place of crime on 22/11/2022 and enquired
the matter from persons found present there and they have
also stated about the material facts of the case reiterating
therein the allegations levelled in the FIR.
iii. That the notices u/s 41A Cr.P.C. were served upon
accused including the petitioner as well as their family
members were served with the direction to produce the
accused to conclude the investigation of the case at the
earliest and the call details/CDR of the relevant mobile
numbers of the connected persons were obtained for
evidence.
iv. That on 30/11/2022, the opinion about the injuries
suffered by the complainant was obtained from Artois
Hospital Panipat wherein the injuries were described
grievous in nature (Annexure R-1) and after collecting the
relevant treatment summary (Annexure R-2) and MLR
No.ST/08/PNP/2022 Dt.22/11/2022 (Annexure R-3) the
opinion of the Medical Officer of Civil Hospital Panipat
was sought wherein it has been opined (Annexure R-4) on
06/12/2022 that injuries suffered by complainant is
Grievous and Dangerous to Life. As per the nature of
crime, Section 307, 325 of 1.P.C. were added on
06/12/2022 in case.
v. That on 12/01/2023, the co-accused Ritesh S/o
Dinesh, Robin S/o Kuldeep and Vishal S/o Ramesh were
arrested by SI Dharambir Singh No.100 and on
interrogation they voluntarily suffered their separate
disclosure statements admitting therein manner in which
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they have committed this crime with common intention of
the petitioner etc. and in pursuance of their admission they
have got demarcated the place of crime and recovery of
wooden-sticks used in crime was effected by the accused
Ritesh and Robin.
vi. That the complainant/injured Prince and injured
Sachin S/o Satish have joined the investigation on
16/03/2023 and voluntarily recorded their separate
statements u/s 161 Cr.P.C. wherein it has been clearly
mentioned that the petitioner has attacked with sword on
left hand of Sachin due to which his bone of finger has
been chopped-off and the said injury has been opined as
sharp and grievous by Medical Officer of Civil Hospital
Panipat vide his opinion dated 23/03/2023 (Annexure R-
7). As per the nature of crime, Section 326 of I.P.C. was
added in the case on 23/03/2023."
5. I have heard learned counsel for the parties and perused
the record.
6. Perusal of record prima facie shows that petitioner is the
main accused who with dishonest intention called the complainant and
along with co-accused caused a murderous attack on him. He gave
sword blow on the left hand of the complainant as a result of which his
finger has been chopped of and the said injury has been opined as sharp
and grievous. Therefore, offence under Section 326 IPC has been
added in the FIR. Moreover, petitioner is also involved in one more
case of similar nature bearing FIR No.349 of 2020 under Sections 148,
149, 323, 427, 506 IPC, registered at Police Station City Panipat, which
fact has been concealed by him in the petition. It is a well-settled
proposition of law that a person who does not approach the Court with
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clean hands and played fraud with the Court, is not entitled for any relief.
Reference in this regard can be made to the judgments in Dalip Singh v.
State of U.P. and others - JT 2009 (15) SC 201: (2010) 2 SCC 114 and
Amar Singh v. Union of India and others, WP(C) No.39/06 decided on
11.05.2011.
7. As per law laid down by the Hon'ble Supreme Court in
State of Madhya Pradesh v. Pradeep Sharma, (2014) 2 Supreme
Court Cases 171, power exercisable under Section 438 Cr.P.C. is
somewhat extraordinary in character and it is to be exercised only in
exceptional cases where it appears that the person may be falsely
implicated or where there are reasonable grounds for holding that a
person accused of an offence is not likely to otherwise misuse his/her
liberty.
8. In Bal Krishan Fauzdar v. State of Haryana 2018 (1)
RCR Criminal 789, it is held by a Co-ordinate Bench of this Court in
para No. 8 as under: -
"........It is well settled that custodial interrogation is more
elicitation oriented since a person, who is couched in
comparative safety of pre-arrest bail would certainly not
disclose all the facts within his knowledge which would be
inculpatory for him. In case custodial interrogation of the
petitioner is denied to the investigating agency that would
leave many loose ends and gaps in the investigation
affecting the investigation being carried out adversely,
which is not called for."
9. There are specific allegations against the petitioner that he
telephonically called the complainant and along with co-accused
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caused injuries to him, which were declared dangerous to life.
Therefore, he does not deserve the concession of anticipatory bail and
his custodial interrogation is necessary.
10. In view of the above, present petition is dismissed.
(NAMIT KUMAR)
13.04.2023 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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