Mubeen vs State Of Haryana
2023 Latest Caselaw 1645 P&H

                                                                            1

CRM-M-60418 of 2022


      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH


                                 CRM-M-60418 of 2022
                                 Date of decision: 25.01.2023


Mubeen
                                                              ......Petitioner

                   Versus


State of Haryana
                                                            ......Respondent

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present: -   Ms. Rosi, Advocate,
             for the petitioner.

             Ms. GaganpreetKaur, AAG, Haryana.

             Mr. Saurav Bhatia, Advocate,
             for the complainant.

NAMIT KUMAR, J. (ORAL)

This petition has been filed by the petitioner under Section

438Cr.P.C. seeking anticipatory bail in case FIR No.347 dated

20.08.2022 under Sections 148, 149, 323, 324, 506, 341, 427 IPC

(lateron added Sections 325 and 307 IPC), registered at Police Station

SadarTauru, District Nuh.

FIR in the present case has been registered on the

statement made by Jamshed with the allegations that his real brother

Arshad had sold his tractor to accused Tahir some year ago. Accused

Tahir and his family members used to play their Tractor in illegal

mining and on that account his brother Arshad remained always fear-

1 of 5

CRM-M-60418 of 2022 full to be under the scanner of the police as RC of the Tractor despite

repeated request was not got transferred by co-accused Tahir in his

name. He had also not completed the other documentary work

pertaining to the said Tractor.

On dated 19.8.2022 around 6.00 P.M. his brother Arshad

had asked again to accused Tahir for transferring the RC but he had

abused him and threatened him. After some time, he had called his son

and other co-accused namely, Shahrup, Sehroon, Hamid, Sakir, Rajjak

and Imran who had come to the house of complainant with lathi and

danda in their hands and had attacked them. Accused Shahrup had

given lathi blow into the cousin brother namely Ramjan on his eye

whereas accused Sehroon had given iron rod blow into the head of

Ramjan and other co-accused had also given fist and kick blow to PW

Ramjan. The neighbour had attracted on the spot after hearing hue and

cry and they had separated them. Thereafter, the complainant party was

taking injured Ramjan for treatment in a Scorpio car and passing

through the street in front of the house of accused persons but they had

again started stone pelting upon them and had also damaged their

vehicle with lathi, danda and stone pelting. They had informed the

police and somehow managed to admit Ramjan in Community Health

Centre, Tauru.

On dated 20.8.2022 in the morning time i.e. 7.30 A.M. the

complainant's uncle namely Haroon was going for ploughing the fields

and when passing in front of the house of accused they had also

surrounded him and had beaten him with lathi and danda and when

2 of 5

CRM-M-60418 of 2022 information by the complainant and his family members received they

had reached on the spot but the accused persons had again given lathi,

farsa and iron rod injury upon them. Accused Mubarik had given farsa

blow into the head of Nasir whereas Ramanna had also given him

injury with lathi. Accused Sahib had also given lathi injury into the

hand of complainant. Accused Khalid had also given iron rod on two

ear of the complainant. Complainant party Talim, Yusuf and Hanseera

had also received several injuries at the hands of the accused persons

and they will tell about their respective injuries. Accused Tamanna and

Ramjan had forcibly snatched gold ear ring from the ear of Farminai.e

wife of complainant. Intimation to the police has been given but the

accused persons had meanwhile fled away after threatening them to

eliminate on finding further opportunity.

On issuance of notice of motion, status report by way of

affidavit of Mukesh Kumar, Deputy Superintendent of Police, Kosli,

District Rewari, has been filed on behalf of the respondent-State,

wherein it has been stated that the petitioner had played active role in

the present crime and had attacked the complainant-party thrice in

series firstly, in the morning time of 19.08.2022; secondly, when they

shifted the injured to the hospital and on the next date i.e. 20.08.2022.

Petitioner had used lathi and danda in the commission of present crime

and same is yet to be recovered from the petitioner. It is also submitted

that petitioner is involved in another case bearing FIR No.23 dated

21.01.2017 under Sections 148, 149, 323, 324, 452, 506 IPC registered

at Police Station Sadar Tauru.

3 of 5

CRM-M-60418 of 2022 Learned counsel for the petitioner submits that present

case is a case of version and cross-version where both the parties have

suffered injuries. Complainant is an aggressor and petitioner was not

present at the time of any of these incidents and no specific role has

been attributed to him. Injury which has been attracted under Section

307 IPC has not been inflicted by the petitioner.

Per contra, learned State counsel, assisted by learned

counsel for the complainant opposes the prayer for grant of regular bail

to the petitioner on the ground that petitioner had played an active role

in the present crime and attacked the complainant party as mentioned.

Learned State counsel has shown the MLR of injured Yusuf son of

Yakub and submits that petitioner has caused injuries to Yusuf on the

right side of his head with sharp weapon. Learned State counsel further

submits that there is concealment of material facts in the present

petition as the petitioner has not disclosed his involvement in FIR

No.23 dated 21.01.2017 under Sections 148, 149, 323, 324, 452, 506

IPC registered at Police Station Sadar Tauru. Therefore, he does not

deserve the concession of regular bail.

I have heard learned counsel for the parties and perused

the record.

As per MLR, injuries suffered by Yusuf are as under: -

Sr. No.   Injuries                           Marked Injury
                                                    Number

          PRESENT OVER LT PARIETAL REGION OF
          HEAD. BLEEDING PRESENT. DIFFUSE
          SWELLING PRESENT. H/O L.O.C AND
          VOMITING PRESENT.
          ADV-NCCT HEAD & SURGERY OPINION
2         PAIN AND TENDERNESS PRESENT OVER No       2


                                   4 of 5



CRM-M-60418 of 2022
         LT ARM.
         ADV-ORTHO OPINION

         PRESENT OVER LATERAL/DISTAL 1/3rd
         RT LEG.
         ADV-ORTHO OPINION

         OVER LT ANTERIOR FOOT.
         ADV-ORTHO OPINION

Nature of injuries (Simple, Grievous, Dangerous or pending for observation) ADV PENDING Probable Duration of Injury WITHIN 6 HRS.

Kind of Weapon Used (Sharp, Blunt, Firearm, Fire, Position etc) 1 SHARP, 2, 3, 4 BLUNT

Allegations against the petitioner are serious in nature. He

attacked the complainant-party thrice in a series and caused injuries on

the person of Yusuf with sharp weapon. Moreover, petitioner is

involved in one more case, which he has not disclosed in the present

petition. It is a well-settled proposition of law that a person who does not

approach the Court with 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.

Keeping in view the facts and circumstances of the case,

role attributed to the petitioner and gravity of offence, petitioner does

not deserve the concession of anticipatory bail.

Dismissed.

                                                (NAMIT KUMAR)
25.01.2023                                         JUDGE
R.S.

                    Whether speaking/reasoned          :      Yes/No

                    Whether Reportable                 :      Yes/No


                                  5 of 5