High Court of Punjab and HaryanaCRM-M/23770/2020dismissed

Kashish Bhinder v. State Of Punjab

2020-09-03Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-23770-2020 Date of Decision:-3.9.2020 KASHISH BHINDER ... Petitioner

Versus

STATE OF PUNJAB ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rahul Rampal, Advocate for the petitioner. Mr. Pawan Sharda, Senior DAG, Punjab.

Mr. Rajeshwar Singh Thakur, Advocate for the complainant. (Proceedings conducted through video conferencing). ***** GURVINDER SINGH GILL, J .

1. The petitioner seeks grant of anticipatory bail in a case registered against him vide FIR No.25 dated 5.2.2020 under Sections 323, 341, 148, 149, 506(2), 307, 379-B IPC (Sections 212, 216, 120-B IPC added later on) at Police Station Dugri, District Ludhiana.

2. It is the case of prosecution that Kashish Binder, Garry Bhardwaj, Abhijit Mand, Ajay, Kuntal Sachdev and Jagat Singh had caused injuries to the complainant-Paramveer Singh and also to Sartaj Singh with the help of sword, iron rod, 'Khanda' and bricks.

3. Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case by giving distorted version and in fact the GAURAV SOROT 2020.09.03 15:38 I attest to the accuracy and integrity of this document

(2) CRM-M-23770-2020 CCTV footage of the place of occurrence would belie the case of prosecution. Learned counsel has drawn the attention of this Court to certain photographs annexed with the petition as Annexure P-2.

4. Opposing the petition, learned State counsel assisted by learned counsel for the complainant has submitted that there are specific allegations against the petitioner to the effect that he had caused an injury to the complainant-Paramveer Singh with the help of 'Kirpan' and also to Sartaj with the help of 'Kirpan' which has been found to be grievous injury. It has further been submitted that the complainant-Paramveer Singh sustained a total of 3 injuries and his son Sartaj sustained as many as 6 injuries out of which 3 are incised wounds including an injury on his head which has been declared to be dangerous to life. Learned State counsel has further informed that the police has taken CCTV footage into possession and that a perusal of the entire CCTV footage would reveal that the allegations as levelled in the FIR are duly substantiated.

5. I have considered rival submissions addressed before this Court.

6. Keeping in view the nature of allegations and the fact that the petitioner was armed with the 'Kirpan' and has actually caused injuries to both the injured including an injury on the head of Sartaj Singh, no special case for grant of anticipatory bail is made out. The petition, as such, is sans merit and is hereby dismissed.

( GURVINDER SINGH GILL) 3.9.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.09.03 15:38 I attest to the accuracy and integrity of this document