Ajay Kumar Alias Sajan Alias Teela v. State Of Punjab

2023:PHHC:101515

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 07.08.2023 AJAY KUMAR ALIAS SAJAN ALIAS TEELA ....Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Ankit Kharbanda, Advocate for the applicant/petitioner.

Mr. Amit Shukla, AAG, Punjab.

PANKAJ JAIN, J. (ORAL) CRM-32341-2023 This is an application for placing on record the compromise deed dated 18th of September, 2021 marked as Annexure P-5. For the reasons mentioned in the application, the same is allowed. Compromise deed marked as Annexure P-5 is taken on record subject to all just exceptions.

CRM-M-12454-2023 This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.107 dated 26th of August, 2019 registered for the offences punishable under Sections 307, 452, 427, 506, 201, 148 and 149 of the Indian Penal Code and Section 27 of Arms Act, 1959, at Police Station Majitha Road, Amritsar. 2.

Mr. Amandeep Singh, Advocate appears and files his power of

attorney on behalf of the complainant, today in Court. The same is taken on record.

3.

As per the allegations levelled in the FIR it has been alleged as under :

"xxx I am the resident of the above said address and today on 2508-19 we the entire family were asleep on the terrace.

the father of Chainchal Kalu and Kamal Kumar the father of Bablu Godha together started calling names to us and all these persons and unknown persons who came along with them after forcibly entering into our house out of the articles kept in our house damage the fridge, cooler, washing machine and other necessary articles of the house and caused great loss to the house which me and my family member have saved our life from them with great difficulty. Which Chainchal Kalu with an intention to kill me fired directly towards me with pistol which he holding in his hand and Sajan Teela and Sunny Paddarh also with an intention to kill me have given direct blow upon me with their weapons and Ashok Kumar the father of Sajan Teela together with them was calling names which we raised alarm Maar Ditta Maar then all these went from the spot along with their respective weapons while hurling life threats to us. Which we being afraid of them oscillated from the house that they again after arriving do not inflict injuries to us."

4.

Counsel for the petitioner relies upon orders passed in CRM-M No.20396 of 2020, CRM-M No.22280 of 2020 and CRM-M No.42166 of 2020 whereby co-accused namely Prabhjot Singh @ Sunny Paddarh, Chainchal Athwal @ Kala and Bablu @ Bablu Ghoda have been granted concession of regular bail, respectively.

5.

Counsel further relies upon the fact that the parties have now compromised the matter and the version as well as the cross-version now stands compromised.

6.

The aforesaid fact is not denied by the counsel representing the complainant.

7.

I have heard counsel for the parties and have gone through

records of the case.

8.

In view of the above, without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. 9.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. 10.

Pending application, if any, shall also stand disposed off. August 07, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No