Karan Kumar Alias Kani v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** Date of decision : 9.8.2022 Karan Kumar @ Kani ......Petitioner Vs.

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. R.S. Sidhu, Advocate, for the petitioner Mr. Nikhil Chopra, Addl. AG, Punjab --- ANIL KSHETARPAL , J. (Oral) This is the petitioner's third attempt to get bail during the pendency of trial in a criminal case arising from FIR No.396 dated 4.11.2015, under Sections 307/382/323/148/149/120B IPC and Sections 25/27/54/59 of the Arms Act, 1959 registered at Police Station A Division, District Amritsar City. While dismissing the first application for grant of bail on 1.10.2020, the following order was passed :

"The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. The petitioner prays for grant of bail pending trial in a criminal case arising from FIR No.396, dated 04.11.2015, registered under Section 307/382/148/149/120-B IPC and Section 25/27 of the Arms Act, 1959, at Police Station A Division, Amritsar. In a nutshell, the case of the prosecution has been noticed by the learned Additional Sessions Judge, Amritsar, in paragraph 5 of its order dated 26.08.2020, which is extracted as under:- "5. As per police file, the applicant was arrested in this case on 5.11.2019 after taking the permission from the Court and since then he is in custody. The counsel for the applicant has submitted that he is not named in the FIR and he has not done any overt act

-2in the alleged crime.

Perusal of the file shows that FIR in this case was registered on the basis of statement of one Naresh Kumar that on 4.11.2015 he was present in New Preet Nagar at 7.30 p.m alongwith his friends Deepak, Bhupinder Singh and Babbu. Then one clean shaven man armed with pistol, entered into his haveli. He hit his UID no.PB0148. 3 friend Deepak with the butt of pistol, due to which he got injury. Meantime complainant grappled with the person with pistol. That person threatened that he will shot if he does not leave him, but he continued to catch him. Thereafter in order to kill him, he fired at him, hitting him on the left thigh. Thereafter he telephoned and called his 4/5 friends, who also came there alongwith weapons and fired in the air and they removed Rs.5000/- from his pocket and one mobile.

They have also taken the mobile phone of his friend Charanjit Singh and Raju @ Mochi and ran away. During investigation, accused Mania was named, who was arrested in this case. In the investigation, he has made disclosure statement that weapon which was used by him, belongs to his friend Karan Kumar, who is lodged in jail in some murder case. Meaning thereby, apart from the present case, there is another case pending against the accused, for murder. So accused/applicant is habitual offender like his friends Mani alias Prince alias Mania against whom 19 cases as per the list attached with the trial Court file, of dacoity or murder are pending. So such type of persons are danger to the peace in the society, if released on bail. So applicant is not entitled to concession of bail. His bail application is dismissed.

Present bail application file UID no.PB0148. 4 be attached with the trial Court, which be put up on the date already fixed."

Learned counsel for the petitioner contends that the petitioner is in custody for the last one year.

On the other hand, Ms. Samina Dhir, Deputy Advocate General, Punjab, has pointed out that the petitioner is not a person with clean antecedents. In fact, he is a habitual offender. She further states that the

-3following cases are pending against the petitioner:- FIR No.

Dated Under Sections Police Station, District 04/11/15 307/382/148/149 IPC & 25/54/59 Arms Act A Division, Amritsar Amritsar 22.05.2016 302/148/149 IPC, 25/54/59 Arms Act Sadar Hoshiarpur, Hoshiarpur 14.7.2012 307/148/149/326 IPC Harike, Amritsar 02/11/14 307/427/382/34 IPC, 25/54/59 Arms Act Sultanwind,Amritsar Amritsar 27.5.2016 21/61/85 NDPS Act Sadar Hoshiarpur, Hoshiarpur 31.1.2019 52-A Prison Act Kotwali Kapurthala, Kapurthala 382 IPC City Moga, Moga 22.1.2016 307/302/336/506/ 323/324/148/149 IPC, 25/54/59 A. Act City Tarn Taran, Tarn Taran 174A IPC City Tarn Taran, Tarn Taran Keeping in view the aforesaid facts, this court is not inclined to grant concession of bail to the petitioner.

Dismissed."

The second application was dismissed on 10.2.2021. Learned counsel representing the petitioner submits that the petitioner has suffered incarceration for a period of about 5 years. On the other hand, learned State counsel has submitted that the petitioner is undergoing life imprisonment on account of conviction in a murder trial.

In view thereof, no ground to grant concession of bail is made out. Dismissed.

(ANIL KSHETARPAL) JUDGE 9.8.2022 Ashwani Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No