Kamal Kumar @ Kamal v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANIDGARH Date of Decision: 19.04.2023 Kamal Kumar @ Kamal ..... Petitioner

Versus

State of Punjab ..... Respondent

CORAM:

HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Manbir Singh Basra, Advocate for the petitioner.

Mr. Rohit Ahuja, DAG, Punjab.

***** VIKAS BAHL, J (ORAL) This is a second petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.05 dated 14.01.2022 under Sections 302, 307, 323, 148, 149, 506 IPC, registered at Police Station Division No.1, District Pathankot.

Learned counsel for the petitioner has submitted that the petitioner has been in custody since 19.01.2022 and out of 22 witnesses, only one witness has been examined and thus, the trial is likely to take time and the petitioner is not involved in any other case. It is further submitted that the previous bail application of the petitioner was dismissed as withdrawn on 13.03.2023 with liberty to file a fresh petition after correctly translating the FIR. Even thereafter sufficient time has elapsed but the trial has not made much progress and after the examination-in-chief of the complainant, the State has moved an application under Section 319 Cr.P.C. and thus, the trial would further be delayed on account of the same. It is

-2further stated that as per the FIR, no injury caused to the deceased has been attributed to the petitioner and the injury inflicted on the deceased has been attributed to co-accused Pardeep. It is submitted that the petitioner, along with Bharath, Yuman, Bishan Dass @ Bishu, Monu Bhagat and Tara Chand, has been attributed brick bat injuries inflicted on Ajay Kumar, Neeraj Mahajan and Abhishek Sharma and no specific injury even to the said persons has been attributed to the petitioner. It is further submitted that the injuries suffered by the said three persons are all simple in nature.

It is further stated that as per the FIR, it is the complainant party which had come to the street of the accused persons and one Bharat Kumar belonging to the party of the accused persons also suffered one injury and regarding the same, DDR has been lodged by the petitioner. It is further stated that the complainant has been examined as PW-1 and even as per the said examination-in-chief, no injury to the deceased has been attributed to the present petitioner. It has further been submitted that co-accused of the petitioner namely, Bishan Dass @ Bishu has been granted the concession of regular bail by this Court, vide order dated 28.03.2023 (Annexure P-4) and the case of the petitioner is on a similar footing as that of Bishan Dass @ Bishu.

Learned State counsel, on the other hand, has opposed the present petition for regular bail and has submitted that the petitioner along with the other co-accused persons had thrown the brick bats at Ajay Kumar, Neeraj Mahajan, and Abhishek Sharma i.e., friends of the deceased. Also, in pursuance of their common object, the accused persons had raised lalkara and co-accused Pardeep and Raman had inflicted injuries on the deceased on account of which, the deceased died and that the petitioner had also participated in the said occurrence. The other facts have, however, not been

-3disputed.

This Court has heard learned counsel for the parties and has perused the paper book.

The petitioner has been in custody since 19.01.2022 and out of 22 witnesses, only one witness has been examined and after the evidence of the complainant, which has been recorded as PW-1, the prosecution has moved an application under Section 319 Cr.P.C. and thus the trial is likely to take time. The petitioner is stated to be not involved in any other case. The petitioner has not been attributed any injury to the deceased. The petitioner along with other co-accused namely Bharath, Yuman, Bishan Dass @ Bishu, Monu Bhagat and Tara Chand, has been stated to have thrown brick bats at Ajay Kumar, Neeraj Mahajan, and Abhishek Sharma who all have suffered simple injuries. No specific injury even to the said persons has been attributed to the present petitioner.

Bharath Kumar from the side of the petitioner party was also injured and as per the FIR, it is the complainant party which had come to the street where the accused persons reside. Co-accused of the petitioner Bishan Dass @ Bishu has been granted the concession of regular bail by this Court, vide order dated 28.03.2023 (Annexure P-4) and the case of the petitioner is on a similar footing as that of Bishan Dass @ Bishu.

Keeping in view the above said facts and circumstances, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail / surety bonds to the satisfaction of the concerned trial Court/ Duty Magistrate and subject to him not being required in any other case.

However, it is made clear that in case, any act is done by the petitioner to threaten or influence the complainant or any of the witnesses,

-4then it would be open to the State to move an application for cancellation of bail granted to the petitioner.

Nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition.

(VIKAS BAHL) 19.04.2023 JUDGE D.Bansal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No