SANDEEP RANA Vs. STATE OF PUNJAB
LAWS(P&H)-2011-3-839
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 28,2011

SANDEEP RANA Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

S.S. Saron, J. - (1.) HEARD learned Counsel for the Petitioner.
(2.) THE Petitioner seeks pre -arrest bail in the cross -cross registered vide DDR No. 23 dated 17.12.2010 for the offences under Sections 341, 323, 148 and 149; besides, Sections 325 and 308 IPC which were added later. The FIR No. 152 dated 16.12.2010 for the offences under Sections 452 and 323 IPC has been registered at Police Station Nangal, District Rupnagar on the statement of Sikandra Rani, mother of the Petitioner -Sandeep Rana. The cross -case in which the Petitioner seeks pre -arrest bail is registered on the statement of Sher Singh. According to Sher Singh -complainant on 15.12.2010 at about 9.00 p.m. he was going from his house to the market for purchasing some articles. When he was passing in front of the house of Yudhvir Singh, father of the Petitioner, the sons of Yudhvir Singh, namely, Ravinder Pinka and other brothers, whose names the complainant did not know, and one son of their maternal aunt, whose name also the complainant did not know; besides, Vicky son of Jiwan and Rajiv, who were earlier residing at 290 -FF and had then shifted to Village Hambewal caught hold of the complainant Sher Singh from the road and took him inside their house. They tied him with a rope, put liquor in his mouth and started beating him. They caused many injuries to the complainant which were inflicted on his left arm, right leg and on the head. The complainant then became unconscious in their house. He did not know who got him admitted in the B.B.M.B. Hospital. The cause for the incident was that the complainant and the daughter of Yudhvir Singh had an affair with each other. Due to this, the sons of Yudhvir Singh and others had caused injuries to the complainant. It alleged that they had lodged a false case against him and the complainant had been acquitted on 7.12.2010 and he came home. Due to this, they had also threatened him and on 15.12.2010 they had beaten him. The Petitioner is not named in the cross -version statement of Sher Singh -complainant. However, his supplementary statement was recorded on 25.12.2010 in which he has named the Petitioner as also Ravinder Kumar and Amit Kumar as the sons of Yudhvir Singh; besides, Sanjiv Kumar son -in -law of Yudhvir Singh. It is alleged that these persons had picked him from the road and beaten him and after taking him inside their house. Sandeep Rana (Petitioner) gave club blows on his head and forehead. Sanjiv Kumar, it is alleged, gave club blow on his left arm. Amit Kumar and Ravinder Kumar kicked the complainant; besides, hurled fist blows and stick blows.
(3.) LEARNED Counsel for the Petitioner has contended that the Petitioner has been falsely implicated on account of the fact that his mother Sikandra Rani has lodged a FIR against the complainant side. It may, however, be noticed that the injuries attributed to the Petitioner are with the club on the head of Sher Singh. The said injuries have been declared dangerous to life and grievous in nature. This has been so observed in the order dated 28.12.2010 (Annexure -P.8) passed by the learned Additional Sessions Judge, Ropar while declining bail to the Petitioner and Sanjiv Kumar. Keeping in view the nature of injuries which are opined to be dangerous to life and grievous in nature; besides, being on the head, no ground for grant of pre -arrest bail is made out.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.