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2024 Supreme(P&H) 1419

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 
Kirti Singh, J.
Avtar Singh And Another – Appellant
Versus
State Of Punjab – Respondent
CRM-M-30266-2024 (O&M), CRM-M-30375-2024 (O&M) and CRM-M-30480-2024 (O&M)
Decided on : 29-08-2024

Advocates:
Advocate Appeared:
For the Appellant :Mr. P.S. Hundal, Senior Advocate with Mr. G.S. Hundal, Advocate and Ms. Arshpreet Kaur, Mr. Pardeep Sharma, Advocate
For the Respondent:Mr. Randhir Singh Thind, DAG, Punjab., Mr. V.G. Jauhar, Advocate

The court ruled that allegations of grievous injuries justified denial of anticipatory bail due to the severity of the charges and roles of the accused.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Anticipatory bail - Petitions for anticipatory bail filed by the accused for offences under IPC concerning grievous injuries - Court assessed severity of charges, roles of accused, and application of bail principles as outlined in relevant case law. (Paras 14-21)

(B) Criminal Law - The court emphasized the importance of evidence and severity when considering violence-related offences, establishing that injuries sustained were dangerous to life and reflecting intent to harm. (Paras 17-20)

Facts of the case:
The case involves cross FIRs stemming from a dispute related to agricultural work, resulting in grievous injuries inflicted during confrontations between parties. Serious allegations of violence with intent to kill were presented against the accused.

Findings of Court:
The court concluded that the petitioners had directly participated in violent acts leading to serious injuries and denied their request for anticipatory bail considering the nature of charges.

Issues: The court addressed the gravity of the charges and the roles of each individual in the altercation, noting the circumstances and injury severity.

Ratio Decidendi: It was found that the petitioners’ actions amounted to grievous harm, justifying the denial of bail as the situation reflected substantial public safety concerns.

Result: The petitions were dismissed.

Table of Content
1. overview of the case context and fir details. (Para 1 , 2 , 4)
2. arguments regarding the injuries and initial police decisions. (Para 8 , 10)
3. court's analysis on the nature of injuries and gravity of charges. (Para 14 , 16)
4. assessment of defendants' roles and the conclusion on bail. (Para 17 , 19)
5. final ruling on the petitions. (Para 20 , 21)

JUDGMENT :

Kirti Singh, J.

This common judgment shall decide the aforementioned petitions, as they stem from the same First Information Report (FIR) No. 17, dated 06.02.2024, under Sections 324, 323, 427 and 34 IPC and GDR No.032 dated 09.04.2024, under Sections 308, 325, 323, 148 and 149 IPC (Section 308 added later), Police Station Sadar Dhuri, District Sangrur (Punjab).

2. Apprehending their arrest the petitioners have filed these petitions under Section 438 Cr.P.C. for grant of anticipatory bail in abovesaid FIR.

3. The petitions qua Gurdeep Singh and Jatinder Singh stands infructuous as they both have been arrested on 03.08.2024.

4. Succinctly, the facts in brief are that cross case DDR No. 12 dated 11.02.2024 registered under Sections 325, 323, 148 and 149 IPC in case FIR No. 17, dated 06.02.2024, under Sections 324, 323, 427 and 34 IPC at Police Station, Sadar Dhuri was registered against Jatinder Singh @ Happy son of Avtar Singh, Harman Singh son of Gurdeep Singh, Jaspal Singh (petitioner), Avtar Singh (petitioner), Manjeet Singh (petitioner) and Gurdeep Singh sons of Kamail Singh residents of Dohlaon on the basis of statement of Kulwant Singh son of Nishan Singh resident of Dohla, Tehsil Dhuri, District Sangrur. He stated that he is doing the work of agriculture. They are two brothers and elder brother's name is Pargat Singh. His uncle's son Parminder Singh son of Ravinder Singh, resident of Dohla, who lives by constructing a house in his fields. They both are brothers and live in the village. The houses of Jatinder Singh alias Happy son of Avtar Singh etc. have been built on the passage going to their fields. This passage was previously unpaved. This passage was being paved by the B.D.P.O. and previously the work of this passage was being run near the house of Jatinder Singh alias Happy, due to this work the complainant, Parminder Singh, Pargat Singh and his father Nishan Singh were sitting near the tubewell motor. Panchayat Secretary Baljit Singh was also present there. Jatinder Singh alias Happy son Avtar Singh armed with iron rod, Harman son of Gurdeep Singh armed with iron rod, Jaspal Singh, Avtar Singh, Manjit Singh and Gurdeep Singh sons of Karnail Singh armed with sticks in their hands came at the spot, and at about 12 noon a dispute had arose with Jatinder Singh alias Happy. Thereafter, Panchayat Secretary Baljit Singh caught hold of his brother Pargat Singh by the arm and Jatinder Singh alias Happy gave an iron rod blow on his brother Pargat Singh, which hit on his head, due to which Pargat Singh fell down on the ground. Then Harman Singh hit him with an iron rod, which hit his teeth and when he fell down then all the remaining above persons gave leg and fist blows on him. On raising an alarm by Pargat Singh, they came forward and rescued him. The complainant and his uncle's son Parminder Singh arranged a vehicle and reached Civil Hospital Dhuri to admit Pargat Singh, where Harman Singh, Jatinder Singh alias Happy, Avtar Singh, Jaspal Singh, Manjit Singh and Gurdeep Singh above said were already standing with weapons and when the complainant started to get down from the vehicle, Jatinder Singh alias Happy hit him with his rod, which hit on his left arm and other persons inflicted injuries to him with sticks, which hit near the left ear, left wrist, index finger of right hand, on the back of right hand and then out of the fear, the complainant and others afraid and took Pargat Singh to the Government Hospital Sangrur and after giving first aid, he was referred to Rajindra Hospital, Patiala. Next day on 07.02.2024, complainant's brother-in-law (Sandhu

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