HARISH KUMAR & ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) At the very outset, it may be added here that the earlier petitions for anticipatory bail, bearing CRM Nos. M-2358 & 2376 of 2013, instituted by the petitioners in the instant case, were dismissed on merit by this Court, by means of order dated 15.2.2013.

(2.) Now petitioners Harish Kumar son of Mam Raj & Vinod Kumar @ Vicky son of late Naresh Kumar have preferred the present 3 rd petition for the grant of anticipatory bail in a case registered against them along with their other co-accused, vide FIR No.131 dated 29.7.2012 (Annexure P1), for the commission of offences punishable under sections 326, 323, 324 and 341 read with section 34 IPC by the police of Police Station Dera Bassi, District SAS Nagar (Mohali), invoking the provisions of section 438 Cr.PC.

(3.) The prosecution claimed that on 28.7.2012 at around 12.30 PM, as soon as, complainant Vikram Kumar son of Sham Lal (for brevity "the complainant") was present near Dharamkanta of Tempo Union, Dera Bassi (place of occurrence), in the meantime, all the accused armed with sticks and swords came on two motorcycles from backside. They stopped their motorcycles in front and attacked the complainant. It was mentioned that thereafter he (complainant) felled on the ground after receipt of sword blow from Sony accused. While he was lying on the ground, the remaining accused also caused injuries to him with sticks on his back. On the alarm raised by the complainant, PW Madan Lal son of Prabhu Ram reached the spot and on seeing him, all the accused decamped from the place of occurrence with their respective weapons. Madan Lal removed the complainant in an injured condition and was admitted in the hospital, where the doctor found multiple injuries, including the grievous injuries on his person caused by the accused. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the accused, in the manner indicated here-in-above.