The High Court, in an original bail application under Section 439 Cr.P.C., dismissed the plea. The court held that given the severity of the offences and the manner of the occurrence, the case was not fit for the grant of regular bail.
Petition for regular bail dismissed; petitioner not entitled to bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
205
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-34290 of 2014 Date of Decision: December 16, 2014
Deepak Kaushal
...Petitioner
VERSUS
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.N.S.Shekhawat, Advocate for the petitioner.
Mr.S.S.Chandumajra, Deputy Advocate General, Punjab for the respondent-State.
Mr.Kanwaljit Singh, Senior Advocate with Mr.Vikram Gupta, Advocate for the complainant.
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 439 Cr.P.C.
for grant of regular bail in case FIR No.34 dated 27.02.2013 under Sections 302, 307, 427, 506, 148, 149, 120-B and 201 IPC and Section 25 of the Arms Act, registered at Police Station Matour, District Mohali.
Notice of motion was issued in this case and learned State counsel as well as learned counsel for the complainant appeared and contested the petition.
I have heard learned counsel for the parties as well as
VINEET GULATI 2014.12.22 15:48 I attest to the accuracy and authenticity of this document Chandigarh
CRM No.M-34290 of 2014
-2-
learned State counsel and have gone through the record.
The FIR in the present case has been registered on the statement of Manjeet Singh Sethi, complainant, in which he stated that he resides in H.No.289, Phase 3A, Mohali and his brother Amarjit Singh resides in H.No.285, which is in front of the house of the complainant. Two boys namely Vishal and Dharminder Singh reside in H.No.282. Deepak alias Golu, Kevin Sushat alias Richi, Sunil Bhanot alias Chotti, Rajat, Sanveer Singh, Onkar Singh and other boys used to come to meet Vishal and Dharminder Singh on their vehicle and used to park them in a haphazard manner resulting in inconvenience to the traffic. Complainant's brother Amarjit Singh and his son Amarpreet Singh requested the owner to advise the boys to park their vehicles in a proper manner so that traffic is not disrupted. On 27.02.2013, complainant heard fire shots in front of house of Amarjeet Singh. He ran towards the place and saw that Dharminder Singh fired twice on complainant's nephew Amarpreet Singh with intention to kill him straight at his chest. Rajat fired two shots on complainant's son Gaganjot Singh with an intention to kill him. Sunil Bhanot alias Chotti fired a shot on Simarjit Singh, who is a friend of complainant's son, which hit him on both the thighs. Vishal, Kevin Sushat alias Richi, Onkar Singh and Manbir Singh threatened to kill them and while firing straight towards them, ran away from the spot. It is further stated in the FIR that this incident took place under the criminal conspiracy of Sunil Bhanot, Rajat, Vishal and Deepak Kaushal @ Sonu (petitioner).
VINEET GULATI 2014.12.22 15:48 I attest to the accuracy and authenticity of this document Chandigarh
CRM No.M-34290 of 2014
-3-
At the time of arguments, it is also stated that one of the vehicles belongs to the present petitioner Deepak Kaushal.
Keeping in view the nature and gravity of the offence and facts of the present case and in view of the manner in which the occurrence took place, I do not find it a fit case where the petitioner is entitled to benefit of grant of regular bail.
Therefore, finding no merit in the present petition, the same is dismissed.
December 16, 2014 (INDERJIT SINGH) Vgulati JUDGE
VINEET GULATI 2014.12.22 15:48 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the petitioner is entitled to a grant of regular bail in a case involving serious offences including murder and criminal conspiracy?
1 provisions across 1 enactments
Deepak Kaushal
State of Punjab
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
