Taranjeet Singh @ Tinku v. State Of Punjab

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 18.08.2022 Taranjeet Singh @ Tinku .... Petitioner

Versus

State of Punjab .... Respondent CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present: - Mr. Harkaran Singh, Advocate, for the petitioner.

Mr. M.S. Nagra, Assistant Advocate General, Punjab. Mr. Rakesh Chopra, Advocate, and Mr. Jashan Chopra, Advocate, for the complainant.

ASHOK KUMAR VERMA, J. (ORAL) Through this petition under Section 438 Cr.P.C. prayer has been made for grant of anticipatory bail to the petitioner in case FIR No.64 dated 08.07.2022 registered under Sections 307, 323, 324, 341, 506, 148, 149, 120-B IPC at Police Station Bassi Pathana, District Fatehgarh Sahib.

As per prosecution version, the present FIR has been registered on the basis of statement of complainant Vipin Kumar @ Deepu, who stated that he is running a Dairy and has passed 10+2. On 06.07.2022, he went on his motorcycle bearing No. PB-52B-8566 Make Hero Honda, Colour Black, at Kooh Wala Chowk, for paying money at

-2Goldi Di Dairy. When he was returning back then at about 9.45 p.m. near Mota Halwai Wala Chowk, Bassi Pathana Taranjit Singh @ Tinku, Sharanjeet Singh @ Ghuggi sons of unknown, Mehak sons of late Manjit Singh, Navjot Singh @ Navi son of Harmeet Singh, Satvir Singh Sekhon son of Balwinder Singh, Navjot Singh son of Chhinda near Taran Dairy Sheran Wala Gate, Bassi Pathana, Pritpal Singh (brother-in-law of Ghuggi), on 3-4 motorcycles, surrounded him. The complainant due to fear tried to run away. All the above said accused persons were having weapons. Taranjit Singh @ Tinku attacked him with iron kirpan, which hit on his head. All the above said accused persons attacked the complainant with intention to kill him. Sharanjeet Singh @ Ghuggi attacked with kirpan which hit on the back of complainant.

Sehaj attacked with danda which hit on the left shoulder of the complainant. Mehak attacked with gandasa which hit reverse side on his head. Pritpal attacked with wooden danda which hit on his back. The complainant fell down. Then Satvir Singh attacked him with base-ball which hit on his back. When Jashanpreet Singh son of Baljinder Singh, came at the spot to rescue the complainant. Then Navjot Singh @ Navi son of Harmit Singh, attacked with iron pipe upon Jashanpreet Singh, which hit on the forehead of Jashanpreet Singh . Navjot Singh son of Chhinda attacked with base-ball upon Jashanpreet Singh, which hit on the right side shoulder of Jashanpreet Singh . Then Taranjit Singh @ Tinku attacked with iron kirpan from its back side upon Jashanpreet Singh, which hit on the left arm of Jashanpreet Singh .

-3Singh, which hit on his right arm. Satvir Singh Sekhon attacked with base-ball upon Jashanpreet Singh which hit on his back. The complainant became unconscious. On his being unconscious, the accused persons attacked him with fist blows and Gurpreet Singh used to give information to the opposite party with regard to his movement. The accused persons attacked with intention to kill the complainant. On seeing the gathering, the accused persons while threatening him ran away from the spot alongwith their weapons on their motorcycles. They stated that Balwinder Singh @ Bittu, Ex M.C, sent them to kill the complainant. I have heard learned counsel for the parties and perused the paperbook.

Perusal of record shows that petitioner was a member of the unlawful assembly. His name is specifically mentioned in the FIR. Petitioner inflicted injuries on the head of the complainant and on left arm of Jashanpreet Singh with iron kirpan. The injuries are on the vital parts of the bodies. Therefore, custodial interrogation of the petitioner is necessary. Keeping in view the gravity and seriousness of the offence, petitioner does not deserve the concession of anticipatory bail. Dismissed.

August 18, 2022 (ASHOK KUMAR VERMA) R.S.

JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No