Punjab-Haryana High Court
Gaurav Tiwari vs State Of Punjab on 2 September, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M No. 32908 of 2024
217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 32908 of 2024
Date of Decision: 02.09.2024
Gaurav Tiwari ...Pe oner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. J.S. Jaidka, Advocate
for the pe oner.
Mr. Sukhdev Singh, A.A.G., Punjab.
Mr. Paras Talwar, Advocate
for the complainant.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta on Sec ons
70 19.06.2024 Sarabha Nagar, 458, 323, 324, 148, 149, 506 IPC
District Ludhiana
1. The pe oner, apprehending arrest in the FIR cap oned above, came up before
this Court under Sec on 438 of the CrPC, 1973, seeking an cipatory bail.
2. Vide order dated 12.07.2024, this Court had granted interim an cipatory bail to
the pe oner and the said order is con nuing ll date.
3. Prosecu on case is being extracted from report dated 28.08.2024 filed by State
which reads as follows:-
"3. That in compliance to the above noted order of this Hon'ble
Court, it is respec ully submi ed that complainant- Murli
Jaiswal made a statement with the police in which he stated
that he works as Manager in Skyhigh Hotel since last 4 years
and the owner of this hotel is Amit Kakkar who has another
hotel namely Koji Inn and its working are also looked a er by
the complainant.
It was further alleged that on 11.06.2024 the said Amit
Kakkar and Harish Kakkar were taking Dinner in Room No.101 of
their Hotel Koji Inn, then at about 11.15 p.m the present
pe oner along with Navjot Singh, Jagjeet Singh, Romi,
authenticity of this order/judgment
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Varinder Singh, Prince and two unknown persons, armed with
sharp edged weapons, came in the said room no.101 of the
hotel and started arguments with owner Amit Kakkar. The
present pe oner took out iron Daat from his Fold and hit its
blows at the le arm of Amit Kakkar. Romi removed his thick/big
iron Kara from his hand and hit its blows at the legs and arms of
Amit Kakkar. The other persons picked up glass bo les and
tables/chairs from the room and hit the same and caused
bea ngs to Amit Kakkar. The complainant and Harsh Kakkar
tried to stop them on which the said persona a acked the
complainant and caused bea ngs to him and while bea ng,
brought out the complainant from the room to the lobby of the
hotel. complainant and others raised alarm, When the then the
said persons ran away from the hotel with their weapons.
Therea er the complainant and Amit Kakkar got conducted
their medical examina on from Civil Hospital, Ludhiana. It was
further alleged that even therea er the said persons were
threatening the complainant and others to kill them and their
family members and due to their fear, the complainant could not
earlier come to report the ma er to the police. It was further
alleged that with the said bea ngs, Amit Kakkar has been
mentally distorted.
In the MLR of Amit Kakkar, the doctor has documented
total five injuries i.e. (i) Incised wound on le arm (caused by the
pe oner); (ii) Swelling on le forearm (caused by the
pe oner); (iii) Lacerated on right leg anteriorly; (iv) Contusion
on mid back region crossing midline; and (v) Swelling on right
side parietal aspect of skull. Injury on le arm has been caused
by the pe oner with sharp edged weapon and the remaining
injuries are with blunt weapons. Therea er opinion regarding
the head injury of Amit Kakkar was obtained from the doctor
who opined that the same is not dangerous to life and the same
is simple in Similarly in the MLR of the complainant, the doctor
has documented total four nature. injuries i.e. (i) Lacerated
wound on le parietal aspect of skull; (ii) Abrasion on le
shoulder posteriorly; (iii) Contusion on right flank; and (iv)
Abrasion on lower lip along with le side. All the Injuries have
been caused with blunt weapons. Accordingly FIR No.70 dated
19.09.2024, u/s 458, 323, 324, 148, 149, 506 IPC, P.S. Sarabha
Nagar, Ludhiana (Annexure P-1) has been registered against the
pe oner and his co-accused Gaurav Tiwari, Jagjit Singh, Romi,
Varinder Singh, Prince and two unknown persons.
4. That Statement u/s Cr.P.C. 161 of injured/eye witness
Amit Kakkar was also recorded who corroborated the en re
occurrence."
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4. Counsel for the pe oner has referred to paras no.5 and 6 of the pe on
and submits that it is a case of monetary dispute which has been given criminal colour
and infact Amit had caused injuries to opposite party and has drawn a en on to
Annexure P-6. He further submits that on the same incident, the pe oners were
summoned under Sec on 107/151 CrPC and now FIR has been registered regarding
same incident.
5. Although there is sufficient prima facie evidence connec ng the
pe oner with the alleged incident but given the nature of injuries, the absolute
possibility of a civil dispute, concealment of actual story by the complainant party and
the absence of mo ve, pe oner being first offender and during his interim bail, he did
not violate any of the condi ons are sufficient grounds to make the interim bail
absolute.
6. Given above, the pe on is allowed and interim order dated 12.07.2024
is made absolute. All pending applica ons, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
02.09.2024
Jyo Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
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