MOHIT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose off the above mentioned three petitions filed on behalf of Mohit, Karanpreet Singh @ Fateh and Aman seeking grant of two connected cases anticipatory bail in a case registered vide FIR No.15 dtd. 31/1/2021 under Ss. 307/120-B/148/149 IPC at Police Station Basti Bawa Khel, District Jalandhar.

(2.) The FIR in the instant case was lodged at the instance of Hanuman wherein it is alleged that on 30/1/2021 at about 5 p.m., his son Vishal was called outside by Sajan Safri where some more boys were present, who took Vishal to New Shaheed Babu Labh Singh Nagar, Jalandhar where Aman, Fateh, Karun, Teenu and 8-10 unknown boys were also present. They all attacked Vishal with "kirpans', "datars' and iron rods with an intention to kill him, as a result of which he sustained multiple injuries on his head, legs and other parts of body. His wrist was chopped off with a "kirpan'.

(3.) It is further the case of prosecution that statement of Vishal could not be recorded on 30/1/2021 as he was declared unfit to make any statement, by doctor at the hospital. Although, subsequently on 2/2/2021, the doctor is stated to have declared Vishal fit to make statement but he did not choose to make any statement on the ground that he was in extreme pain on account of multiple injuries. It was, thus, on 7/2/2021 that his statement (Annexure P-2) came to be recorded by the police wherein he alleged that on 30/1/2021 when he was present in the neighbourhood near his house, he received a WhatsApp call from Sajan Safri, who was already known to him and who asked him to come near "kothi' of Jagg, to which Vishal replied that he will not come and that in case Sajan Safri needed to talk to him he himself should come to him. Vishal further stated that thereafter, after a short while, he again received a call from Sajan Safri that he had come in the neighbourhood and asked Vishal to come to outer street. When Vishal went two connected cases there, he saw Sajan Safri and another boy namely Baggi. Said Baggi caught hold of Vishal and immediately thereafter Aman, Tinu, Monu, Kali, Karanpreet Singh @ Giani @ Fateh and 2-3 unknown persons, who were hiding nearby came out. He stated that the person, who has been referred to as Karan in the statement of his father, is actually named as Karan Bachha. He stated that all the said persons were carrying arms. Fateh raised a lalkara and gave a blow with "datar' hitting on the right side of his head. Baggi, who had caught hold of him, pushed him and threw him on the ground. While he was lying down, Sunny gave a blow with "datar' which hit him on his right wrist from its reverse side. Sheru is alleged to have given a blow with "datar' hitting on his right leg. Tinu, Monu and Kali gave repeated blows while he was lying fallen on ground, hitting him on his legs. In the meantime, Aman gave a blow with "kirpan' hitting him on his left wrist, which was severed. When Vishal raised alarm, several persons from the locality were attracted and the assailants, upon seeing them left from the spot while hurling threats to eliminate him (Vishal). Vishal stated that the grudge of the assailants was that his friend Akash had a dispute with Aman and Fateh on account of which he (Vishal) had been caused injuries.