01.03.2025 TALJINDER K ER KUMAR ALIAS HONEY KUM KUMAR ALIAS HUNNY STATE OF PUN v. CORAM: HON HON’BLE
Case Details
IN THE H HE HIGH COURT OF PUNJAB A AB AND HARYANA RH AT CHANDIGARH CRM-M Reserved Pronounc M No.58048 of 2024 erved on : 27.02.2025 nounced on: 01.03.2025 TALJINDER K ER KUMAR ALIAS HONEY KUM KUMAR ALIAS HUNNY STATE OF PUN F PUNJAB …. Respondent …. Petitioner Versus CORAM: HON HON’BLE MRS. JUSTICE MANI MANISHA BATRA Present : Mr Mr. Kulwinder Singh, Advocate for ate for the petitioner.
Legal Reasoning
Ms. Sakshi Bakshi, A.A.G, Punjab Ms. njab. **** MANISHA BAT A BATRA, J. (oral) 1. This is the second petition filed u This . for filed under Section 439 Cr.P.C. for grant of regular gular bail to the petitioner in case ar ated ase arising out of FIR No.109 dated 02.07.2023 regis registered under Sections 323, 32 IPC 324, 506, 148 and 149 of IPC (Sections 307, 32 07, 326 and 325 of IPC added later o inda, later on), at Police Station Gharinda, District Amritsa ritsar Rural. The previous petition been petition as filed by him had been dismissed vide o vide order dated 09.08.2024 passed in sed in CRM-M-5127-2024. 2. The aforementioned FIR had bee The is of d been registered on the basis of statement record recorded by the complainant-Raide g Raideep Singh @ Joban alleging therein that on at on 18.06.2023, he along with his and th his friends Arshdeep Singh and Karandeep Singh Singh @ Laddu had gone to Attari C work ttari Chowk for some personal work at about 7.30-8:0 8:00 PM, when the petitioner alon ened r along with co-accused had opened an attack upon h pon his friends Arshdeep Singh and K All and Karandeep Singh @ Laddu. All of them were arm ere armed with weapons. The petitione irpan titioner had struck blows with kirpan Jyoti 2025.03.01 18:00 I attest to the accuracy and integrity of this document CRM-M No.58048 of 2024 024 -2- on the person of son of Arshdeep Singh. The other ass es to her assailants also caused injuries to Arshdeep Singh Singh and Karandeep Singh @ Ladd lants Laddu and thereafter the assailants had fled away. way. Injured were rushed to the hos After he hospital and were treated. After registration of th n of the FIR, investigation proceedin the ceedings were initiated. During the investigation, off on, offences under Section 307, 325 an . The 325 and 326 of IPC were added. The petitioner was ar was arrested on 29.07.2023. The weap ered weapon used by him was recovered at this instance. T ance. The investigation stands conclud ioner oncluded and presently the petitioner along with the co co-accused is facing trial for com oned r commission of the aforementioned offences. 3. It is argued by learned counsel for It is been el for the petitioner that he has been falsely implicate licated in this case. There is delay of FIR lay of 14 days in lodging of the FIR which has not b not been satisfactorily explained. T the ined. The injuries attributed to the petitioner had be had been sustained by the victim-Ars part Arshdeep Singh on non-vital part of his body and h y and have been opined to be simple in since ple in nature. He is in custody since long. The trial i rial is likely to take time. Co-accus hose accused Gurjit Singh Bhatti whose case is on simila similar footing, had already been gra rt on en granted bail by the trial Court on 04.01.2024. His . His further incarceration would not . The ld not serve any useful purpose. The prolonged period period of his incarceration has cer for as certainly made him entitled for seeking concess oncession of bail. Therefore, it is u o be it is urged that he deserves to be n bail. released on bail. 4. Status report has already been filed Stat It is n filed by the respondent-State. It is submitted therein therein and learned Additional Advoca gued dvocate General, Punjab has argued that there are s are serious and specific allegations s by ations against the petitioner as by forming an unla n unlawful assembly with the co-ac n of accused and in prosecution of Jyoti 2025.03.01 18:00 I attest to the accuracy and integrity of this document CRM-M No.58048 of 2024 024 -3- common object bject of that unlawful assembly, he ll as y, he had caused simple as well as grievous injuries juries on the person of the victim-Ars ined Arshdeep Singh. He had sustained fracture on front frontal and parietal bone. The said i ed to said injury had also been opined to be dangerous to ous to life. His previous petition had ts by n had been dismissed on merits by making a detaile detailed discussion. No new and subs ade d substantive ground has been made out for grant of ant of bail to the petitioner. Therefor esent erefore, it is urged that the present petition does not es not deserve to be allowed. 4. 5. I have heard learned counsel for the I ha or the parties at considerable length. The petitioner is alleged to have f The mbly have formed an unlawful assembly with the co-accu accused and in prosecution of com have of common object thereof, to have caused injuries to uries to the victims- Arshdeep Singh an ddu. ingh and Karandeep Singh @ Laddu. The injury that h that had been attributed to the petition f the etitioner is on left elbow joint of the victim-Arshdeep hdeep Singh. This injury was declared The eclared to be grievous in nature. The injuries that had had been opined to be dangerous to ed to rous to life has not been attributed to him. Co-accused ccused Gurjit Singh Bhatti whose ca has ose case is on similar footing, has since been extend extended benefit of bail. On parity, th to be the petitioner, too deserves to be extended the sam same benefit. His further incarcera serve arceration is also not going to serve any useful purpo purpose. 6. Keeping in view the above discusse Kee ered scussed facts, I am of the considered opinion that the at the petition deserves to the allow esent allowed. Accordingly, the present petition is allowe allowed and petitioner is ordered to be o his d to be released on bail subject to his furnishing fresh fresh personal and surety bonds to th (cid:5)(cid:6)(cid:2) s to the extent of two sureties (cid:3)(cid:4)(cid:2)(cid:3)(cid:5)(cid:6)(cid:2) n of satisfaction of the learned trial Court/Chi Duty rt/Chief Judicial Magistrate/Duty Magistrate conce concerned(cid:1)(cid:2) Jyoti 2025.03.01 18:00 I attest to the accuracy and integrity of this document CRM-M No.58048 of 2024 024 -4- (cid:7)(cid:1)(cid:2) (cid:2) (cid:8)(cid:3)(cid:2) (cid:9)(cid:10)(cid:2) (cid:5)(cid:4)(cid:11)(cid:6)(cid:12)(cid:6)(cid:13)(cid:14)(cid:2) (cid:15)(cid:27)(cid:16)(cid:13)(cid:9)(cid:22)(cid:9)(cid:6)(cid:26)(cid:2) (cid:3)(cid:5)(cid:16)(cid:3)(cid:2) (cid:17)(cid:4)(cid:3)(cid:5)(cid:9) (cid:8)(cid:3)(cid:2) (cid:9) (cid:12)(cid:6)(cid:2) (cid:3)(cid:5)(cid:9)(cid:17)(cid:20)(cid:2) (cid:26)(cid:9)(cid:10)(cid:15)(cid:28)(cid:10)(cid:10)(cid:6)(cid:26)(cid:2) (cid:16)(cid:19)(cid:4)(cid:12)(cid:6)(cid:2) (cid:10)(cid:5)(cid:16)(cid:27)(cid:27)(cid:2) (cid:5)(cid:16)(cid:12)(cid:6)(cid:2) (cid:16)(cid:17)(cid:18)(cid:2)(cid:19)(cid:6)(cid:16)(cid:13)(cid:9)(cid:17)(cid:20)(cid:2)(cid:4)(cid:17)(cid:2)(cid:21) (cid:17)(cid:2)(cid:21)(cid:6)(cid:13)(cid:9)(cid:3)(cid:10)(cid:2)(cid:4)(cid:22)(cid:2)(cid:3)(cid:5)(cid:6)(cid:2)(cid:15)(cid:16)(cid:10)(cid:6)(cid:2) (cid:23)(cid:2) (cid:2) (cid:24)(cid:9)(cid:17)(cid:15)(cid:6)(cid:2)(cid:3)(cid:5)(cid:6)(cid:2)(cid:21)(cid:16)(cid:9)(cid:17)(cid:2)(cid:25)(cid:6)(cid:3)(cid:9)(cid:3)(cid:9)(cid:4)(cid:17)(cid:2)(cid:9)(cid:10)(cid:2)(cid:26)(cid:9)(cid:10)(cid:25)(cid:4)(cid:10)(cid:6)(cid:26) (cid:24)(cid:9)(cid:17) (cid:17)(cid:18)(cid:2) (cid:10)(cid:6)(cid:26)(cid:2)(cid:4)(cid:22)(cid:14)(cid:2)(cid:25)(cid:6)(cid:17)(cid:26)(cid:9)(cid:17)(cid:20)(cid:2)(cid:16)(cid:25)(cid:25)(cid:27)(cid:9)(cid:15)(cid:16)(cid:3)(cid:9)(cid:4)(cid:17)(cid:14)(cid:2)(cid:9)(cid:22)(cid:2)(cid:16)(cid:17)(cid:18)(cid:2) (cid:16)(cid:27)(cid:10)(cid:4)(cid:2)(cid:10)(cid:3)(cid:16)(cid:17)(cid:26)(cid:10)(cid:2)(cid:26)(cid:9)(cid:10)(cid:25) (cid:9)(cid:10)(cid:25)(cid:4)(cid:10)(cid:6)(cid:26)(cid:2)(cid:4)(cid:22)(cid:1) 01.03.2025 Jyoti-IV (MANISHA BATRA) (M JUDGE Whether speaking/reasoned: Whether reportable : Yes/N es/No. es/No Yes/N Jyoti 2025.03.01 18:00 I attest to the accuracy and integrity of this document