Gaurav Tiwari v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: 02.09.2024 Gaurav Tiwari ...PeƟƟoner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. J.S. Jaidka, Advocate for the peƟƟoner.
Mr. Sukhdev Singh, A.A.G., Punjab.
Mr. Paras Talwar, Advocate for the complainant.
**** ANOOP CHITKARA, J.
FIR No.
Dated Police StaƟon SecƟons 19.06.2024 Sarabha Nagar, District Ludhiana 458, 323, 324, 148, 149, 506 IPC 1.
The peƟƟoner, apprehending arrest in the FIR capƟoned above, came up before this Court under SecƟon 438 of the CrPC, 1973, seeking anƟcipatory bail. 2.
Vide order dated 12.07.2024, this Court had granted interim anƟcipatory bail to the peƟƟoner and the said order is conƟnuing Ɵll date. 3.
ProsecuƟon case is being extracted from report dated 28.08.2024 filed by State which reads as follows:- "3. That in compliance to the above noted order of this Hon'ble Court, it is respecƞully submiƩed that complainant- Murli Jaiswal made a statement with the police in which he stated that he works as Manager in Skyhigh Hotel since last 4 years and the owner of this hotel is Amit Kakkar who has another hotel namely Koji Inn and its working are also looked aŌer by the complainant.
It was further alleged that on 11.06.2024 the said Amit Kakkar and Harish Kakkar were taking Dinner in Room No.101 of their Hotel Koji Inn, then at about 11.15 p.m the present peƟƟoner along with Navjot Singh, Jagjeet Singh, Romi,
Varinder Singh, Prince and two unknown persons, armed with sharp edged weapons, came in the said room no.101 of the hotel and started arguments with owner Amit Kakkar. The present peƟƟoner took out iron Daat from his Fold and hit its blows at the leŌ arm of Amit Kakkar. Romi removed his thick/big iron Kara from his hand and hit its blows at the legs and arms of Amit Kakkar. The other persons picked up glass boƩles and tables/chairs from the room and hit the same and caused beaƟngs to Amit Kakkar. The complainant and Harsh Kakkar tried to stop them on which the said persona aƩacked the complainant and caused beaƟngs to him and while beaƟng, brought out the complainant from the room to the lobby of the hotel. complainant and others raised alarm, When the then the said persons ran away from the hotel with their weapons.
ThereaŌer the complainant and Amit Kakkar got conducted their medical examinaƟon from Civil Hospital, Ludhiana. It was further alleged that even thereaŌer the said persons were threatening the complainant and others to kill them and their family members and due to their fear, the complainant could not earlier come to report the maƩer to the police. It was further alleged that with the said beaƟngs, Amit Kakkar has been mentally distorted.
In the MLR of Amit Kakkar, the doctor has documented total five injuries i.e. (i) Incised wound on leŌ arm (caused by the peƟƟoner); (ii) Swelling on leŌ forearm (caused by the peƟƟoner); (iii) Lacerated on right leg anteriorly; (iv) Contusion on mid back region crossing midline; and (v) Swelling on right side parietal aspect of skull. Injury on leŌ arm has been caused by the peƟƟoner with sharp edged weapon and the remaining injuries are with blunt weapons. ThereaŌer opinion regarding the head injury of Amit Kakkar was obtained from the doctor who opined that the same is not dangerous to life and the same is simple in Similarly in the MLR of the complainant, the doctor has documented total four nature. injuries i.e.
(i) Lacerated wound on leŌ parietal aspect of skull; (ii) Abrasion on leŌ shoulder posteriorly; (iii) Contusion on right flank; and (iv) Abrasion on lower lip along with leŌ side. All the Injuries have been caused with blunt weapons. Accordingly FIR No.70 dated 19.09.2024, u/s 458, 323, 324, 148, 149, 506 IPC, P.S. Sarabha Nagar, Ludhiana (Annexure P-1) has been registered against the peƟƟoner and his co-accused Gaurav Tiwari, Jagjit Singh, Romi, Varinder Singh, Prince and two unknown persons. 4.
That Statement u/s Cr.P.C. 161 of injured/eye witness Amit Kakkar was also recorded who corroborated the enƟre occurrence."
4.
Counsel for the peƟƟoner has referred to paras no.5 and 6 of the peƟƟon and submits that it is a case of monetary dispute which has been given criminal colour and infact Amit had caused injuries to opposite party and has drawn aƩenƟon to Annexure P-6. He further submits that on the same incident, the peƟƟoners were summoned under SecƟon 107/151 CrPC and now FIR has been registered regarding same incident.
5.
Although there is sufficient prima facie evidence connecƟng the peƟƟoner with the alleged incident but given the nature of injuries, the absolute possibility of a civil dispute, concealment of actual story by the complainant party and the absence of moƟve, peƟƟoner being first offender and during his interim bail, he did not violate any of the condiƟons are sufficient grounds to make the interim bail absolute.
6.
Given above, the peƟƟon is allowed and interim order dated 12.07.2024 is made absolute. All pending applicaƟons, if any, stand disposed. (ANOOP CHITKARA) JUDGE 02.09.2024 JyoƟ Sharma Whether speaking/reasoned:
Yes Whether reportable:
No.