MOHIT MALHOTRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner Mohit Malhotra alias Kaka, aged about 25 years, resident of House No.170, Aman Nagar, Backside Gulab Devi Road, Jalandhar, an accused in FIR No.48 dated 25.3.2020, under Sections 336, 506, 34 IPC and Section 25 of Arms Act (lateron added Section 307 IPC), registered with Police Station Basti Bawa Khel, Police Commissionerate, Jalandhar, District Jalandhar.

(2.) Briefly stated, the facts of the case as per the prosecution story are that on 25.3.2020, Aman son of complainant Tarsem Lal alias Sema, a resident of Baba Kahandas was returning home after making certain purchases from the market at Raj Nagar; at about 11:30 a.m. when he had reached near canal bridge, a little ahead of Chunni Lal Karyana shop and in front of Bagha Building Material store, then Shivam, resident of Baba Kahan Dass Nagar and present petitioner/accused Mohit Malhotra alias Kaka, resident of Shaheed Babu Labh Singh Nagar intercepted Aman and started arguing with him, however, certain persons intervened and made both sides leave the spot; Aman reached home; after some time Shivam and present petitioner/accused Mohit Malhotra alias Kaka along with one Akashdeep, resident of New Shaheed Babu Labh Singh Nagar came and started giving abuses to Aman and his father Tarsem Lal @ Sema by standing near the house of complainant; the complainant went to counsel present petitioner/accused Mohit Malhotra alias Kaka, Shivam and Akashdeep; the complainant was followed by his son Aman, then Akashdeep took out a revolver from his dub and fired towards the complainant and his son Aman; the complainant hid behind a tree, whereas Aman laid down on the ground; the assailant fired three rounds and thereafter all three of them ran away from the spot. The motive behind the incident was that on 25.2.2020 Aman had gone to attend hearing in his case, where he was attacked by 20-25 boys. However, out of fear, they had not reported the matter to the police and the incident was on account of the said previous occurrence on 25.2.2020. On matter being reported to the police, formal FIR was registered for the offences under Sections 336, 506 and 34 IPC and Section 25 of the Arms Act and subsequently offence under Section 307 IPC was added.

(3.) Apprehending his arrest, the present petitioner had approached the Court of Sessions at Jalandhar seeking grant of pre-arrest bail by filing an application, which was assigned to Additional Sessions Judge, Jalandhar. However, his such application was dismissed by the said Court vide detailed order dated 7.6.2021. As such, the present petitioner has approached this Court by way of filing the instant petition asking for the similar relief, which request is being opposed by the State counsel.