Punjab-Haryana High Court
Tarun vs State Of Haryana on 13 November, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:148303
CRM-M-55535-2024 -1-
230 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-55535-2024
DECIDED ON: 13.11.2024
TARUN
.....PETITIONER
VERSUS
STATE OF HARYANA
.....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Rishav Jain, Advocate
for the petitioner.
Mr. Chetan Sharma, DAG, Haryana.
SANDEEP MOUDGIL, J (ORAL)
1. Relief sought
The jurisdiction of this Court under Section 483 of BNSS, 2023 has
been invoked for the grant of regular bail to the petitioner in FIR No. 02, dated
01.01.2024, under Sections 148, 149, 323, and 341 IPC and Section 25(1-A) of
Arms Act, 1959 (Sections 148 and 149 IPC deleted later on and Sections 325, 307
and 34 IPC and Section 27 of Arms Act, 1959 added later on), registered at Police
Station Gadpuri, District Palwal.
2. Facts
Facts as narrated in the FIR reads as under:-
It is requested that I, Prem Chand son of Shri Chaman Lal, am resident
of Village: Adupur, District: Palwal. On 30.12.2023, time must have
been about 05:00 P.M when I received a telephone call that your
brother and father are lying drenched in blood between Maheshpur
and Yadupur. I immediately reached there in my own vehicle and saw
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that my father and brother were lying on the road covered in blood.
They were in an unconscious state. My brother had received gun shot
and my father was lying covered in blood. With the help of some
passersby, I got them sited in the vehicle and went to the Hospital. On
the way, my father regained some consciousness and told that when
they were returning after taking medicines, one vehicle from
Maheshpur, whose number plate was covered with mud, blocked our
way. As soon as the Motorcycle stopped, from it my Bua's son Arun son
of Ganga Ram, Tarun son of Ganga Ram and Ganga Ram himself
along-with 3-4 other persons got off from the vehicle and started
beating us with the Hammer, Axe [Kulhadi] and Rod, which they had
wielded in their hands. And when my brother Ranjeet Singh tried to
save his life, then they hit him with Axe [Kulhadi] from the backside.
Then he ducked and fell down. Then they started beating with Hammer
and Axe [Kulhadi]. Then Tarun fired straight and thinking us to be
dead, ran from there. I took them to the Govt. Hospital, Palwal.
Wherefrom noticing the critical condition of my brother, they referred
him further. After seeing the critical condition of brother, we got him
admitted in Guru Nanak Hospital, Palwal, where he is under
treatment. My brother is hanging between life and death. Therefore, it
is appealed that strict legal action may be taken against the accused
persons who have beaten & fired at my father and brother, and the life
& property of our family be saved. We shall be highly thankful to you.
Applicant: Premchand s/o Chamanlal, Vill. Adupur, 9050029373"
3. Submissions
On behalf of petitioner:
Learned counsel for the petitioner had contended that the petitioner has
been falsely implicated in the present case. He submits that neither any specific
role nor any injury has been attributed to the petitioner. The allegation against the
petitioner is that he fired a gun shot on the person of the brother of the complainant,
which hit on his thigh but later on the said injury has been declared simple in
nature.
On behalf of respondent-State
Learned State counsel has produced the custody certificate of the
petitioner, which is taken on record. As per the said certificate, the petitioner has
suffered incarceration for a period of 8 months and 24 days as of now. He prays for
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dismissal of the present petition stating that a gun shot injury has been attributed to
the present petitioner and the recovery of country made pistol along-with two live
cartridges as well as danda used by the co-accused of the petitioner in
commissioning of offence has been effected from the house of the petitioner,
meaning thereby, the petitioner is the main accused.
4. Analysis
Considering the fact that the petitioner and complainant party are
closely related to each other being maternal uncle and nephew and two other co-
accused persons namely Ganga Ram and Arun have been found innocent during
investigation by the investigating agency, this Court is of the view that there may be
serious doubts in the prosecution story and above all the matrimonial discord could
not be controverted by learned State counsel. Further more, the injury attributed to
the petitioner has been declared simple in nature and recovery has already been
effected added with the fact that after the framing of charges on 09.10.2024, out of
total 21 prosecution witnesses none has been examined so far, which is sufficient
for this Court to infer that conclusion of trial shall take sufficient time, no useful
purpose would be served by keeping the petitioner behind bars for an indefinite
period, wherein "bail is a rule and jail is an exception" and it would also violate the
principle of right to speedy trial and expeditious disposal under Article 21 of
Constitution of India, as has been time and again discussed by this Court, while
relying upon the judgment of the Apex Court passed in "Dataram Singh vs. State
of Uttar Pradesh & Anr", 2018(2) R.C.R. (Criminal) 131.
5. DECISION:
In view of the discussions made hereinabove, the petitioner is hereby
directed to be released on regular bail on his furnishing bail and surety bonds to the
satisfaction of the trial Court/Duty Magistrate, concerned.
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In the afore-said terms, the present petition is hereby allowed.
However, it is made clear that anything stated hereinabove shall not be
construed as an expression of opinion on the merits of the case.
(SANDEEP MOUDGIL)
13.11.2024 JUDGE
sham
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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