Punjab-Haryana High Court
Gora @ Shubham vs State Of Punjab on 13 December, 2023
Neutral Citation No:=2023:PHHC:159720
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CRM-M-52585 of 2023
2023:PHHC:159720
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-52585 of 2023
Date of decision: 13.12.2023
Gora @ Shubham
...........Petitioner
versus
State of Punjab
.......Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Vishnu Dutt, Advocate,
for Mr. Naveen Bawa, Advocate,
for the petitioner.
Mr. Rohit Ahuja, DAG, Punjab.
NAMIT KUMAR, J.
1. This 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.
2. Present 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
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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. 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 Deepu
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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.
3. Learned counsel for the petitioner submitted that the petitioner
is innocent and has been falsely implicated in the present case. He further
contended that petitioner was not named in the FIR and has been arrayed as
an accused lateron during the course of investigation. 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 14.06.2022. Learned counsel further
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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.
4. Per 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.
5. I have heard learned counsel for the parties and perused the
record.
6. Keeping in view the custody of the petitioner, which is 01 year
06 months; 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
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bonds to the satisfaction of Illaqa Magistrate/Trial Court.
7. The petition stands disposed of accordingly.
(NAMIT KUMAR)
13.12.2023 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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