BILLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The crux of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of concession of anticipatory bail and emanating from the record, as claimed by the prosecution, is that on 25.12.2011, Sahil son of Amarjit complainant (for brevity "the complainant") and Ramesh Kumar s/o Ahma were returning to their house after celebrating the Charismas Festival in Lal Kurti Church, Ferozepur Cantt. As soon as, they reached near the turn of Rohit Public School Shanti Nagar, beyond Shehnshah temple, then accused Vicky s/o Jalal Mashi, Suraj son of not known, Billa (petitioner) armed with Kappas along with 7-8 unidentified persons came there from the opposite side. Thereafter, Vicky raised lalkara to catch hold and teach them a lesson for raising earlier quarrel with them. Meanwhile, Vicky gave a Kappa blow, which landed on the left leg below the knee on the calf of complainant, Suraj gave a kappa blow, which hit on the back side of his left shoulder. He felled on the ground after receipt of injuries. Subsequently, Billa (petitioner) gave kappa blows on the back side of left hand and left side of his forehead. The unidentified persons also caused injuries with their respective weapons to him. When Ramesh Kumar came forward in order to rescue him, then, the accused have also caused injuries to him with their respective weapons and damaged his motorcycle as well.

(2.) Leveling a variety of allegations and narrating the sequence of events in detail in the FIR, in all, the prosecution claimed that on the fateful day, petitioner and his other co-accused, formed an unlawful assembly, armed with deadly weapons (Kappas), caused injuries and attempted to murder the complainant and Ramesh Kumar PW. In the background of these allegations and in the wake of statement of complainant, the present case was registered against the petitioner and his other co-accused, vide FIR No.268 dated 25.11.2011 (Annexure P1), on accusation of having committed the offences punishable u/ss 148, 323, 324 and 427 read with section 149 IPC (the offences punishable u/ss 307 and 326 IPC were later on added) by the police of Police Station City Ferozepur, in the manner depicted here-in-above.

(3.) Having exercised and remained unsuccessful before Additional Sessions Judge, now petitioner Billa son of Satpal has directed the instant petition for anticipatory bail in the present criminal case, invoking the provisions of section 438 Cr.PC.