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High Court of Punjab and HaryanaCRM-M/14034/2019dismissed

Prince Chauhan @ Kalla v. State Of Haryana

2019-03-28Mr. Justice Ramendra Jain2 pages

CRM-M-14034 of 2019 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14034 of 2019 DECIDED ON: 28.03.2019 PRINCE CHAUHAN @ KALLA ..PETITIONER..

VERSUS

STATE OF HARYANA ...RESPONDENT CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. Harkaran Singh, Advocate for Mr. Nitin Rathour, Advocate, for the petitioner.

Mr. Rajwant Singh Chahal, Advocate for the injured. ***** RAMENDRA JAIN, J. (ORAL) Mr. Rajwant Singh Chahal, Advocate has appeared on his own and filed vakalatnama on behalf of the injured, though, he has not been impleaded as party. The same is taken on record. Be tagged at appropriate place.

Prayer in the instant petition under Section 438 Cr.P.C. has been made for grant of anticipatory bail to the petitioner, in case, FIR No.0015 dated 17.01.2019, registered under Sections 323, 324, 34, 326, 341, 506, 307 and 201 IPC, Police Station Mullana, District Ambala (P-1).

According to the prosecution, on 17.01.2019, the complainant with his parents in their car had gone to attend a court case filed by SONIKA 2019.04.03 18:26 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-14034 of 2019 --2-- them against the wife of the petitioner, under Section 138 of the Negotiable Instruments Act, 1881 (for short, "Act"). In the evening, when they were returning, the petitioner and his accomplice namely Sherpal halted their car by parking their Scooty in front of it. Thereafter, petitioner and his accomplice pulled father of the complainant and gave him beatings with their respective gandasis and threatened the complainant and his parents with dire consequences. During investigation, it was found that petitioner and his accomplice tried to wither away the evidence by burning their respective weapon of offence. Therefore, Section 201 IPC was also added, besides Section 307 IPC on the basis of medical summary of injured -Sant Ram.

Having heard learned counsel for the parties, this Court is of the considered view that petitioner does not deserve the concession of anticipatory bail, inasmuch as, he is a daredevil person of great criminal ilk, who, instead of repaying the loan taken by him through his wife, caused grievous injuries to injured-Sant Ram, including dangerous to life. The complaint of the respondent against wife of the accused under Section 138 of the Act has also been accepted in his favour.

Dismissed.

28.03.2019 (RAMENDRA JAIN) sonika JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No SONIKA 2019.04.03 18:26 I attest to the accuracy and authenticity of this document Chandigarh