Arun v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh (I) CRM-M-54574-2021 (O&M) Date of Decision:- 7.4.2022 Arun ... Petitioner

Versus

State of Punjab ... Respondent (II) CRM-M-54610-2021 (O&M) Shivnath @ Gaggu and another ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. P.K.S.Phoolka, Advocate, for the petitioner in CRM-M-54574-2021.

Mr. Daman Jeet Bhoriwal, Advocate, for the petitioners in CRM-M-54610-2021.

Mr. Luvinder Sofat, AAG, Punjab, assisted by ASI Bhupinder Singh.

Mr. L.S.Sekhon, Advocate, for the complainant. ***** GURVINDER SINGH GILL, J . (Oral) 1.

This order shall dispose of the above mentioned two petitions wherein petitioners Arun, Shivnath @ Gaggu and Mangtu, seek grant

CRM-M Nos. 54574 & 54610 of 2021 (O&M) - 2 - of regular bail in a case registered vide FIR No. 178, dated 1.10.2021, Police Station Kotwali, District Bathinda, under Sections 307, 323, 427, 506, 148, 149 IPC.

2.

The FIR in question was lodged at the instance of Mohinder Kumar wherein the allegations, in nutshell, are to the effect that he is a member of Shri Ramayan Kala Kendra Welfare Society, Bathinda and takes part in the Ram Leela, performed every year. It is alleged that on 30.9.2021, the role of Chachi Tarka was to be performed by Arun son of Sanjeev Kumar. However, when his act was about to start, several persons namely Jaskaran Singh @ Jassu, Arun son of Sandeep, Vivek, Kartik @ Prince, Mangtu and Shiv Nath @ Gaggu accompanied by 10/15 other unidentified boys came there armed with sharp edged weapons, kirpan etc. It is alleged that Jaskaran Singh @ Jassa, Arun Kumar and Kartik inflicted three injuries to the complainant.

3.

Learned counsel for the petitioners have submitted that the matter has since been amicably resolved amongst the parties and infact a petition for quashing of FIR has already been filed in this Court. 4.

On the other hand, learned State counsel has submitted that it is a case where a large number of accused armed with deadly weapons had attacked the complainant and others and had also caused injuries as would be evident from the MLR. It has been informed that two out of the three injuries sustained by Mohinder Kumar have been declared as 'grievous injuries'. Learned State counsel has however,

CRM-M Nos. 54574 & 54610 of 2021 (O&M) - 3 - feigned ignorance about the compromise and has informed that challan already stands presented.

5.

I have considered rival submissions addressed before this Court. 6.

Having regard to the fact that investigation has concluded and challan stands presented and the matter otherwise has been stated to be compromised, further detention of the petitioners will not serve any useful purpose. The petitions, as such, are accepted and the petitioners are ordered to be released on bail subject to their furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 7.

A photocopy of this order be placed on the file of each connected case.

7.4.2022 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No