Rohit @ Bholu v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 27.4.2022 Rohit @ Bholu ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Suresh Singla, Advocate, for the petitioner. Mr. Tanvir Joshi, AAG, Punjab, assisted by ASI Gurdeep Singh.

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

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No. 178, dated 1.10.2021, Police Station Kotwali, District Bathinda, under Sections 307, 323, 427, 506, 148, 149 IPC (Section 295-A IPC added later on). 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,

- 2 - 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. It is further alleged that Rohit who earlier used to play the role of Chachi Tarka alongwith group of 10/15 boys namely Sunny, Kansi etc. also came there carrying sharp edged weapons and started threatening the public. It is thus alleged that accused had inflicted injuries to the complainant.

3.

Learned counsel for the petitioner has 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.

Learned counsel appearing on behalf of complainant has endorsed the factum of compromise effected between the parties. 5.

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, feigned ignorance about the compromise and has informed that challan already stands presented.

6.

I have considered rival submissions addressed before this Court.

- 3 - 7.

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

27.4.2022 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No