RAJIV CHAHAL @ RAJIV CHAIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in both these petitions is for grant of regular bail to petitioners Rajiv Chahal @ Rajiv Chail and Inderjit Karwal, in FIR No.77 dated 14.04.2018 under Sections 302, 307, 323, 353, 186, 283, 188, 160, 148, 149 IPC, Sections 25/57 of Arms Act, Sections 3(l)(t) & 3 (2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 3 of Prevention of Damage to Property Act, 2014, registered at Police Station City Phagwara, District Kapurthala.

(2.) At the very outset, learned counsel for the petitioners have brought to notice of the Court an order dated 15.03.2019 passed in CRM-M-48145-2018, vide which regular bail petition filed by co-accused Deepak Bhardwaj was dismissed by the Coordinate Bench of this Court, by passing the following order: - "Petitioner-Deepak Bhardwaj has filed the present petition under Section 439 Cr.P.C for grant of regular bail to him in case FIR No.77 dated 14.04.2018 registered under Sections 302, 307, 392, 323, 148, 149, 353, 186, 283, 295, 188, 160, 427 IPC and Sections 25/27 of the Arms Act and Sections 3(l)(t), 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 of Prevention of Damage to Property Act, 2014, 8-A and 8-B of the National Highway Act, 1956 (however, during investigation, Sections 8-A and 8-B have been deleted). Learned counsel for the petitioner submits that the said FIR was registered against 33 persons along with 100/150 unknown persons. As per allegations levelled in the FIR, the followers of Ambedkar had installed Baba Sahib's Board on public land at Paper Chowk, Phagwara and changed the name from Paper Chowk to Savidhan Chowk. It has also been mentioned in the FIR that the followers of Shiv Sena were also gathered with deadly weapons and raised provocative and anti-religious slogans. Learned counsel also submits that during course of investigation, one of the injured, namely, Yashwant Kumar died on 29.04.2018 and thereupon, statement of injured Kulwinder Singh was recorded, wherein, it was stated that the death of Yashwant Kumar was on account of firing by four persons, namely, Deepak Bhardwaj (the present petitioner), Rajiv Chahal, Inderjit Karwal and Shivi Batta. The matter was investigated and three different challans were presented. The first challan was presented for the offence punishable under Sections 353, 186, 283, 188, 160, 148, 149 of the Indian Penal Code and Section 3 of the Prevention of Damage to Property Act. The second challan was presented against the present petitioner under Sections 302, 307, 323, 148, 149 of the Indian Penal Code and Sections 25/27/54/59 of the Arms Act and Sections 3(1) (t), 3(2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the second challan, Kulwinder Kumar was cited as complainant. Said challan was presented against the persons, who were alleged to be the members ofShiv Sena. The third challan was presented under Sections 323, 148 and 149 of the Indian Penal Code against the members of Ambedkar Sena. In the said challan, co-accused of the petitioner, namely, Jimmy Karwal was the complainant.

(3.) Learned senior counsel for petitioner Inderjit Karwal has argued that three FIRs were registered with three different versions. Firstly, FIR No.77 was registered at the instance of Inspector Gurmeet Singh regarding a free fight amongst workers of Ambedkar Sena and the workers of Shiv Sena (to which both the petitioners belong) and subsequent thereto, on account of death of one Yashwant @ Bobby, who suffered firearm injuries, on the statement of another injured-complainant Kulwinder Kumar @ Mantu from his side, vide DDR No.023 dated 03.05.2018, Sections 302, 307, 323, 148, 149 IPC read with Sections 25/27/54/59 of Arms Act and Sections 3(2) and 6 of SC&ST Act were added. It is further submitted that as per statement of the complainant, petitioner Inderjit Karwal, Deepak Bhardwaj, petitioner Rajiv Chahal @ Rajiv Chail and Shivi Bhatta had fired directly on the complainant party with their respective weapons and one bullet hit Yashwant @ Bobby on his head and Kulwinder Kumar-complainant received a bullet injury on right side of his waist.