Back
2020 Supreme(P&H) 1556
IN THE HIGH COURT OF PUNJAB AND HARYANA
Raj Mohan Singh, J.
Prince Pal Singh - Appellant
Versus
State Of Haryana - Respondent
Criminal Miscellaneous (Main) No. 35941 of 2020
Decided On : 08-12-2020
Ashit Malik, Advocate, Ramesh Kumar Ambavta, Advocate
The decision to grant bail was based on the petitioner's custody, bail granted to co-accused, and the pandemic situation, without expressing any opinion on the merits of the case.
Headnote:
Bail - Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act - IPC - Sections 148, 149, 323, 324, 326, 307, 341, 506 - 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) - [SUMMARY]
Fact of the Case:
The petitioner seeks regular bail under Section 439 Cr.P.C in a case involving FIR No.63 dated 12.03.2020 registered under various sections of IPC and the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act. The complainant alleged that the petitioner and others, armed with weapons, caused grievous injuries and abused him in the name of caste.
Finding of the Court:
The court, considering the custody of the petitioner, bail granted to co-accused, and the pandemic situation, decided to grant the petitioner regular bail without expressing any opinion on the merits of the case.
Issues: Debatable issues include the nature of injuries caused and the applicability of Section 307 IPC and the SC/ST Act, as specific allegations and utterances regarding the caste-based offense were not provided.
Ratio Decidendi: The decision to grant bail was influenced by the petitioner's custody, bail granted to co-accused, and the ongoing pandemic, without delving into the merits of the case.
Final Decision: The petitioner is granted regular bail, subject to furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court/concerned Duty Magistrate.
JUDGMENT
Raj Mohan Singh, J. - Petitioner seeks regular bail under Section 439 Cr.P.C in case bearing FIR No.63 dated 12.03.2020 registered under Sections 148, 149, 323, 324, 326, 307, 341, 506 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act at Police Station Ismailabad, District Kurukshetra.
2. Fir was registered at the instance of CharanDass @ Sonu who alleged that about 4 years back, Ajay Guraya had caused injuries to him. The matter was compromised in the Panchayat, but Ajay Guraya kept grudge against the complainant. On 10.03.2020, on the festival of Holi, the complainant along with his friends was going to ThaskaMiranji in a car of his friend Sanju. They alighted from the car near a liquor vend to answer call of the nature. At that time, Ajay Guraya and Maninder Singh Sodhi came from the side of liquor vend and started abusing them. Complainant and his friends boarded the car and came to the village ThaskaMiranji. Sanju dropped them near the street and went away. At about 2 PM, when the complainant and his friends were going, then near the bara of Ram Chander, 5-6 motorcyclists came duly armed with sword, gandasi, bindas and dandas and they encircled the complainant and his friends. Ajay Goraya was armed with sword. Petitioner was armed with gandasi. Amarjeet Singh was armed with binda. Manpreet Singh was armed with danda. Vachitar Singh was armed with danda. Gurmukh Singh was armed with danda and other unknown persons were also armed with dandas and bindas. Ajay Goraya raised a lalkara and gave sword blow on the left side of the neck of the complainant. Petitioner attacked the complainant with gandasi and the complainant warded off the blow by his right hand and the gandasi hit his wrist. Petitioner again gave a gandasi blow on the left arm, due to which the complainant fell down. Other accused also opened attack on the complainant. When friends of the complainant tried to save him, then they were also attacked. On raising alarm, many persons attracted to the spot, but the assailants kept on beating the complainant and his friends. Thereafter, they fled away from the spot.
3. Learned counsel for the petitioner submitted that the complainant was medico legally examined on 10.03.2020 at 5:30 PM. As per MLR, following injuries were found on the person of the complainant:-
"1. Diffuse swelling forehead in the middle just above the eyebrow. Blood clots present in the nostrils. Patient conscious and oriented.Adv. X-ray nose and skull, CT head and surgeon and ENT surgeon opinion. Sub to X-ray and opinion. Blunt. Within 6 hours.
2. L/W of size 10x5cm on dorsum of right hand and forearm distally bone deep with fresh bleeding with deformity present lying obliquely. Adv. x-ray hand and forearm and ortho opinion. Sub to x-ray and opinion. Blunt. Within 6 hours.
3. Superficial L/W of size 10x2 cm on left side of the neck lying horizontally. Adv. X-ray and surgeon opinion. Sub to x-ray and opinion. Blunt. Within 6 hours.
4. L/W of size 5x0.5 cm on left frontal area of head, bone deep with fresh bleeding lying obliquely. Adv. x-ray and surgeon opinion. Sub to x-ray and opinion. Blunt. Within 6 hours."
Injury No.2 was attributed to the petitioner.
4. Learned counsel for the petitioner by referring to the note appended by the doctor further submitted that incised wound in place of lacerated wound (L/W) for injuries No.2 and 3 in the MLR dated 10.03.2020 be read and kind of weapon used as sharp in place of blunt, as it was typed due to inadvertent error. Learned counsel further submitted that even if, the said clarification has been done by the doctor, the petitioner is author of injury No.2, which cannot be declared as dangerous to life by any stretch of imagination. At the most, injury No.2 is grievous in nature, which would attract either offence under Section 325 IPC or 326 IPC.
5. Co-Accused Harshdeep Singh has been granted regular bail vide order dated
