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2001 DIGILAW 1285 (PNJ)

Kamal Kumar v. State Of Punjab

2001-11-20

M.L.SINGHAL

body2001
Judgment M.L.Singhal, J. 1. In this Criminal Misc. petition, Kamal Kumar petitioner has prayed for the cancellation of anticipatory bail granted to respondents Nos. 2 to 4, namely, Deepak Kumar, Amritpal Singh alias Lucky and Santbir Pal Singh in case FIR No. 6 dated 28.1.2001 under Sections 323/325/34, Indian Penal Code (later on converted into one under Section 307, Indian Penal Code) of Police Station, Shahpur Kandi, District Gurdaspur. 2. The prosecution case in brief is that Kamal Kumar and Vipan Puri are property dealers. They are partners in this business. On 17.1.2000 at about 4.30 PM, Kamal Kumar son of Khushal Chand and Vipin Puri were present in the house of Sarpanch Yadhvir Singh in connection with some function there. When they were returning to their house from the house of Sarpanch Yudhvir Singh after taking meals, one Dinesh Singh son of Bhum Singh of village Manwal was coming behind them. He was at a distance of 15/20 yards behind them. Near Oberai Service Station on the Pucca road, Santbir Pal Singh armed with iron pipe and Amritpal Singh alias Lucky armed with iron rod and Deepak Kumar alias Deepu armed with Dang were found standing. They were abusing loudly and were indulging into objectionable activities. Kamal Kumar, Dinesh Chand and Vipan Puri told them that they were going to the house of Sarpanch in connection with some function and they should not indulge into objectionable activities. Thereupon, Santbir Pal petitioner retorted Kamal Kumar, Dinesh Chand and Vipin Puri as to who they were to stop them and exhorted Deepak Kumar and Amrit Pal to catch hold of Kamal Kumar and Vipin Puri. In the meantime, Santbir Pal Singh gave a blow with iron road to Vipin Puri which hit his mouth on Jaws, as a result of which Vipin Puri fell down. Amritpal Singh who was standing nearby caught hold of him from his neck and gave blow with his iron rod which hit his mouth and then Deepak Kumar who was standing nearby started giving dang blows to Vipin Puri which hit on his back side and right arm and then Santbir Pal Singh gave blow with his iron rod which hit his nose and mouth. Kamal Kumar raise raula "Mar Ditta, Mar Ditta" and on his raising Raula, Dinesh Singh came to the spot and witnessed the occurrence. Kamal Kumar raise raula "Mar Ditta, Mar Ditta" and on his raising Raula, Dinesh Singh came to the spot and witnessed the occurrence. Ajay Puri who is the brother of Vipin Puri came to the spot and got admitted Vipin Puri in the hospital from where he was referred to Guru Nanak Dev Hospital, Amritsar. 3. It was submitted by the learned counsel for the petitioner that respondents Nos. 2 to 4 should not have been allowed anticipatory bail when the injury attributed to them was falling within the purview of Section 307, Indian Penal Code. It was submitted that there was no exceptional ground calling for the grant of anticipatory bail to respondents Nos. 2 to 4. It was submitted that earlier the offence was under Sections 323/325/34. Indian Penal Code and they were allowed bail, was no ground to allow them bail when the offence was converted into one under Section 307, Indian Penal Code. 4. Vipin Puri was medically examined on 17.1.2001 at about 4.30 P.M. at Civil Hospital, Pathankot and the doctor found three injuries besides the complaint of general itching and pain. On 18.1.2001, X-ray report showed fractures of mandible and maxilla i.e. facial bones along with Dentoalveolar fractures. On 5.2.2001, injury No. 1 was declared dangerous to life. He was not in a position to close his mouth. He was not in a position to eat anything. His lower jaw and upper jaw were fractured. There were injuries on his face and his lower jaw was bleeding. He was not in a position to chew anything. At the time of his admission, he was in semiconscious state with multiple fractures on Mandile and there was loss of many teeth and he was in severe pain with bleeding from lower jaw. Learned counsel for the petitioner submitted that the injuries suffered by Vipin Puri at the hands of the accused were so severe that they should not have been allowed anticipatory bail. He was operated upon in the hospital. He suffered loss of teeth. Due to fracture of facial bones and jaws, his face has become permanently disfigured. 5. Learned counsel for the petitioner submitted that the injuries suffered by Vipin Puri at the hands of the accused were so severe that they should not have been allowed anticipatory bail. He was operated upon in the hospital. He suffered loss of teeth. Due to fracture of facial bones and jaws, his face has become permanently disfigured. 5. Learned counsel for the respondents, on the other hand, submitted that the fact of the matter is that on 17.1.2001, Santbir Pal Singh, Deepak Kumar and Sukhdev were coming back from Pathankot and were going to meet Amritpal Singh alias Lucky who is residing in Jugial Colony, Tehsil Pathankot. At the bus- stand of village Manwal, they found some boys on motor cycles and scooters. They were waiting for their friend Balbir Singh who was to come from Pathankot to Jugial. At about 4.30 P.M., out of those boys, one boy who was on motor cycle dashed his motor cycle into Santbir Pal Singh. Thereupon, Santbir Pal Singh fell down, Deepak Kumar asked that Motorcyclist as to why he had done so. He started altercating with Deepak Kumar also. In the meantime, other scooterists and motor cyclists who were tipsy started giving them beatings. Iron rod blow was given on the back of the head of Santbir Pal Singh, who fell down unconscious. The motor cyclists and the scooterists ran away. At this stage, this version cannot be given any weight as they do not attribute this act either to Kamal Kumar or to Vipin Puri. It was submitted by the learned counsel for respondents Nos. 2 to 4 that bail once allowed should not be cancelled as a matter of course. It was submitted that rejection of bail in a non-bailable case at the initial stage and the cancellation of bail already granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. It was submitted that generally speaking, the grounds for cancellation of bail, broadly are interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. It was submitted that generally speaking, the grounds for cancellation of bail, broadly are interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. In support of this submission, my attention was drawn to decision of the Supreme Court in Dolatram and others v. State of Haryana, 1995(1) Supreme Court Cases 349. 6. Learned counsel for the petitioner, on the other hand, submitted that the bail allowed can always be cancelled if while granting bail, the Court has ignored vital facts and has granted bail ignoring those vital facts. It was submitted that if bail was granted without giving reasons and by ignoring material evidence on the record, such an order granting bail would be perverse and contrary to the principles of law. My attention was drawn to a decision of the Supreme Court in Puran v. Rambilas and another, 2001 Supreme Court Cases (Cri.) 1124. 7. In the present case, to my mind, the learned Additional Sessions Judge should not have allowed anticipatory bail to respondents Nos. 2 to 4 when injured Vipan Puri was beaten so severely that he went into a state of semi-unconsciousness and his mandible and facial bones were fractured. He suffered loss of a number of teeth. There was profused bleeding and there was danger to his life. He had to be operated upon for the fractures of Mandible and Maxilla. This Criminal Misc. petition is accordingly allowed and anticipatory bail allowed to respondents Nos. 2 to 4 by Additional Sessions Judge, Gurdaspur, is cancelled. Chief Judicial Magistrate, Gurdaspur will issue non-bailable warrants for their arrest forthwith and they shall be arrested. Petition allowed.