The High Court of Punjab and Haryana allowed two petitions for anticipatory bail under Section 438 CrPC regarding an alleged affray causing injuries, noting the matter requires trial to determine the aggressor.
Anti-cipatory bail granted pending arrest with conditions to join investigation and refrain from contacting witnesses.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
****
1.
NASEEB KUMAR
CRM-M-4317-2024 2024:PHHC: 040598 . . . . Petitioner Vs.
STATE OF HARYANA
2.
. . . . Respondent CRM-M-4318-2024 2024:PHHC: 040628
HASAN
. . . . Petitioner Vs.
STATE OF HARYANA
. . . . Respondent
****
Reserved on: 14.03.2024
Pronounced on : 21.03.2024
****
CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA
Present: - Mr. Robin Lohan, Advocate, for the petitioner.
Mr. Sumit Jain, Addl. AG, Haryana.
Mr. Sumit Sangwan, Advocate, for the complainant.
****
DEEPAK GUPTA, J.
This order shall dispose of two petitions titled above, as in both
of them filed under Section 438 CrPC, petitioners pray for grant of anticipatory bail in case FIR No.0337 dated 24.10.2023 under Sections 148/ 149/ 307/323/341/506 IPC at Police Station Dadri Sadar, District Charkhi Dadri.
Singh resident of village Paintawas Kalan, stating therein that his family has
VIVEK PAHWA 2024.03.22 10:27 I attest to the accuracy and integrity of this document
2024:PHHC: 040598 2024:PHHC: 040628
CRM-M-4317-2024 CRM-M-4318-2024
enmity with the family of Ajit, Ex. Sarpanch due to Sarpanch elections. Previously, altercations have occurred between them. On 24.10.2023, at about 05:00 PM, complainant Hardeep was returning to his home on motorcycle, when accused Sandeep struck his tractor to the side of the motorcycle and started abusing him. Cousins of the complainant namely Navdeep and Savardeep were present at that time and saw the incident. Complainant with his cousins started moving towards their home on the motorcycle. As they reached near MD School, Sandeep, Ajit, Hasan (petitioner in CRM-M-4318-2024) , Naseeb Kumar (petitioner in CRM-M4317-2024) and Jai Singh started assaulting them with lathi, axe and Khukhri etc. It is alleged that Sandeep inflicted axe blow on the hand of Hardeep and Head of Savardeep. Hasan (petitioner in CRM-M-4318-2024) gave Khukhri blow on the head of Savardeep. In the meantime, uncle of the complainant namely, Krishan reached there and then, Sandeep and Naseeb Kumar (petitioner in CRM-M-4317-2024) assaulted him with danda and axe. As the co-villagers reached there, the assailants fled away.
3.2 During investigation, video footage of incident was provided by the complainant. Spot was examined. Statements of witnesses were recorded. As per the video footage, Sandeep, Hasan, Naseeb Kumar, Ajit and Jai Singh are seen carrying weapons, whereas injured Savardeep is seen lying on the ground along with his motorcycle. Medical opinion regarding injuries suffered by Savardeep was obtained. Those injuries were initially declared as dangerous to life. Section 307 IPC was added. During further investigation, doctor opined that injury suffered on the head of Savardeep Singh was grievous in nature and so, Section 325 IPC was added. The Board
VIVEK PAHWA 2024.03.22 10:27 I attest to the accuracy and integrity of this document
Page 2 of 5
2024:PHHC: 040598 2024:PHHC: 040628
CRM-M-4317-2024 CRM-M-4318-2024
of Doctors of PGI, MS Rohtak later on gave opinion that injury to Savardeep was dangerous to life. Sandeep was arrested on 27.10.2023.
3.3 Status reports further reveal that in the same occurrence, complainant party also caused injuries to the accused-petitioner party, regarding which FIR No.353 dated 16.11.2023 under Sections 148/ 149/ 323/341/506 IPC was registered on the complaint made by Sandeep. During investigation, medical opinion qua injured Jai Singh was obtained and based thereon, Section 325 IPC was added. In view of medical opinion regarding injury on the person of Sandeep, Section 307 IPC was added.
4.1 It is contended by ld. counsel appearing for the petitioners that three persons from the complainant side namely, Hardeep, Savardeep and Krishan got injuries; whereas three persons from the accused side namely, Ajit, Jai Singh and Sandeep received injuries. Injuries to Krishan and Hardeep were declared simple. Two injuries are stated to have been suffered by Savardeep i.e. three parallel lacerated wound of size 6 x 2 x 1 cm over left saggital suture and one right to and other left to it, whereas second injury is reddish contusion on the thigh. Ld. counsel contends that injury No.1 on the person of Savardeep is the single injury, which is not attributed to any of the petitioners.
4.2 Ld. counsel for the petitioner Naseeb Kumar (petitioner in CRM-M-4317-2024) further contends that the only role attributed to the petitioner-Naseeb Kumar is to have given danda blow to Krishan, which is a simple injury; and that nature of injury on the person of Savardeep has been procured, as different doctors have given different opinion at different point
VIVEK PAHWA 2024.03.22 10:27 I attest to the accuracy and integrity of this document
Page 3 of 5
2024:PHHC: 040598 2024:PHHC: 040628
CRM-M-4317-2024 CRM-M-4318-2024
of time. It is further submitted that both the parties have received injuries and that it is a matter of trial, as to who was the aggressor.
4.3 Ld. counsel submits that both the petitioners are ready to join investigation and so, they be granted bail.
VIVEK PAHWA 2024.03.22 10:27 I attest to the accuracy and integrity of this document
Page 4 of 5
2024:PHHC: 040598 2024:PHHC: 040628
CRM-M-4317-2024 CRM-M-4318-2024
Pending application(s), if any, also stand disposed of.
A photocopy of this order be placed on the file of other
connected case.
(DEEPAK GUPTA) 21.03.2024 JUDGE ����� Whether speaking/reasoned? Yes Whether reportable? No
VIVEK PAHWA 2024.03.22 10:27 I attest to the accuracy and integrity of this document
Page 5 of 5
2 issues framed by the court
Whether to grant anticipatory bail to petitioners accused of murder and grievous hurt under Sections 307/325 IPC.
Whether conditions of Section 438 CrPC should be imposed to ensure they join the investigation.
1 provisions across 1 enactments
NASEEB KUMAR
HASAN
STATE OF HARYANA
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
