Punjab-Haryana High Court
Dharam Raj Bora vs State Of Punjab on 28 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-45780-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-45780-2024
Reserved on: 16.10.2024
Pronounced on: 28.10.2024
Dharam Raj Bora ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Dhawaljeet Dutta, Advocate
for the petitioner.
Mr. Akshay Kumar, A.A.G., Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections
0043 14.05.2023 Division No.1, 457, 381, 328, 427, 120-B
District Pathankot IPC (Section 307 IPC added
later on)
1. The petitioner incarcerated in the FIR captioned above had come up before this
Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking
regular bail.
2. In paragraph 11 of the bail petition, the accused declares that he has no criminal
antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which
reads as follows:-
"3. The brief facts of the case are as under:-
i. That initially the FIR bearing no 43 dated 14-05-2023 U/s 457,
381, 427, 120-B IPC was got registered at P.S. Division no-l.
Pathankot on the statement of the complainant Madhu Sudan.
Against one Harish R/o Nepal and five unknown persons.
ii. That the complainant stated that he had received a phone call
from Naresh Kumar son of Kishan Dev Sharma, Mohalla Ahria
Shahpur Chownk, Pathankot on 14-05- 2023 at about 9:00 AM
who told him that he went to the House of Munish Podar son of
Om Prakash Podar resident of Mangalam Mission Road Pathankot
and saw that the mother of Munish Podar namely Gayatri Devi
wife of Om Prakash Podar resident of Mission Road and their
Jyoti Sharma Guard namely Prem son of Raghubir Singh resident of village
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Bungal were in unconscious stage. On hearing this the
complainant went to their house immediately as he is having family
relations with Munish Podar, when he reached at the Kothi of
Munish Podar then at about 9:15 AM he went inside and saw that
the mother of Munish Podar namely Gayatri Devi and Guard Prem
son of Raghubir Singh were in unconscious stage and locks of the
door of the Kothi were broken and the household things were
scattered.
iii. On dated 13 05 2023 in the night the servant of Munish
Podar namely Harish who is the resident of Nepal and working in
the kitchen for last few months with 5-6 unknown persons
committed theft of cash and jewellery by breaking the locks of the
door of the Kothi of Munish Podar the said person have committed
the theft of Lacs. The said complainant had arranged vehicle for
Gayatri Devi and admitted him to Amandeep Hospital where she is
under treatment.
iv.That on the behalf of above said statement above mentioned FIR
was got registered against Harish and other five unknown persons.
During police investigation three accused persons namely
Ravinder Kumar, Raj Kumar and Kamal Singh Raghav were
nominated and were arrested in the present case on dated 17-05-
2023. During the Course of investigation, the said three accused
persons had made confession statement before the police admitting
their guilt and describe the matter in which they alongwith the
other persons namely Harish, Deepak Bahadur Bora, Dharam Raj
Bora (Present Petitioner), Karishma Kumari Khati, Hikmat
Khadka, committed the offence in the house of Gayatri Podar on
the intervening night of 13/14-05-2023 as the persons who had the
knowledge and assisted the offender namely Harish and others in
the commission of the crime. During the inquiry it was found that
there are total eight accused involved in the commission of the
offence. The accused persons namely Deepak Bahadur Bora,
Dharam Raj Bora (Present Petitioner), Karishma Kumari Khati,
Hikmat Khadka were nominated vide GD no 42 dated 19- 05-2023.
Later on after obtaining the opinion of the doctor in the present
case offence under Section 307 IPC enhanced vide GD no 28 dated
16-08-2023."
4. The petitioner's counsel prays for bail by imposing any stringent conditions and
contends that further pre-trial incarceration would cause an irreversible injustice to the
petitioner and their family.
5. The State's counsel opposes bail and refers to the reply.
6. It would be appropriate to refer to the following portions of the reply, which read
as follows:
"Role of the Present Petitioner. Petitioner along with other co-
accused had played active role in the commission of the offence. He
had made confessional statement before the police on 15-08- 2023
that, "He along with Hikmat Khadka, Deepak Bora, Karishma
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Khati, Harish Rukaya and Khem Raj all residents of Nepal had
conspired to commit a big theft. In this regard the Khem Singh had
used his links with Raj Kumar and the said Raj Kumar got placed
the Harish Rukaya as a cook at Pathankot in the house of the
victims Munish Podar by using his placement agency. The Harish
sent the complete details of the house to the accused persons, then
accused Deepak Bora told the whole plan to Ravinder Kurnar, then
Ravinder Kumar arranged a vehicle of Kamal Singh Raghav for
approaching Pathankot. He further confessed that they had sold the
whole of the stolen gold to Depinder Jeweller R/o Dhankhadi, Nepal
and Santosh Kumar resident of Nepalganj and got Rs 1 Crore 90
lakhs in Nepal currency for the same. He further confessed that they
spent a lit bit of the said amount and thereafter divided the same
into each parts of Rs 33 lakhs. He further confessed that they also
divided the cash amount equally i.e. 4.5 lakhs each between five
persons, after spending some out of the cash stolen from the house
of Munish Podar and Hikmat khadka kept the Pistol. When we are
heading for Nepal then we had received phone calls even before
reaching Delhi that police had reached their homes in searching for
them, then they released the vehicle of accused Kamal Singh Raghav
and arranged for other vehicle and left for Nepal through Gauri
Fanta side from India and buried the remaining amount in polybags
in the fields behind the house of Dil Bahadur, Friend of Hikmat
Khadka, which he can got recovered on his disclosure. He further
admitted that we had to give the share of Raj Kumar, Kamal Singh
Raghav and Ravinder Kumar, but you people got them arrested."
7. A perusal of the bail petition and the documents attached primafacie points
towards the petitioner's involvement and does not make out a case for bail. The impact of
crime would not justify bail. Any further discussions will likely prejudice the petitioner;
this court refrains from doing so.
8. Any observation made hereinabove is neither an expression of opinion on the
case's merits nor shall the trial Court advert to these comments.
9. Petition dismissed. All pending applications, if any, are disposed of.
(ANOOP CHITKARA)
JUDGE
28.10.2024
Jyoti Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
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