Raman Kumar alias Rocky vs State of Punjab

K.C. Puri, J.—As per allegations of the prosecution, law was set in motion by recording the statement of Jaswinder Singh, who has stated that, he is working as a cable operator. They are three brothers. All the three brothers reside in the same house. His younger brother Gurpreet Singh @ Billu, who is aged about 25 years, also resides with him. On 03.03.2008, at about 11:30 PM, he and his brother Gurpreet Singh came at Pritam Dhaba near Damoria bridge, Goal Market on their motorcycle in order to get food. In order to get the food packed, his brother went to the counter and he remained standing out on the motorcycle. About 12 persons including Lovely Lamba resident of Haibowal armed with sword, Amarjit Mandal of Nakodar armed with sword, Raman Kumar alias Rocky (present petitioner) resident of Kundanpui armed with datar, Minku, who is brother of Rocky armed with small sword, Rocky''s paternal uncle (chacha) Passi armed with knife, Maddy resident of Kali Vehra armed with sword, Kali resident of Kali Vehra armed with sword, Sachin and Mohini residents of Killa Mohalla, who were also armed with swords, along with three unidentified persons who were armed with swords, came from the side of Damoria Bridge. They after encircling Gurpreet Singh alias Billu, started inflicted injuries upon him. Rocky gave datar blow on the head from behind. Rocky''s uncle Passi inflicted blows with the knife in his stomach. Lovely, Amarjit Mandal inflicted sword blows on the head of the brother of the complainant. Gurpreet Singh alias Billu with the help of both his hands tried to stop the blows as a result of which he received injuries on both his arms and hands. Gurpreet Singh alias Billu fell down. The complainant raised an alarm and all the accused fled away from the spot. Learned counsel for the petitioner has submitted that co-accused Ajay Pal and Mohini Cagat alias Mohini have been allowed the concession of bail vide order dated 17.07.2009 passed in CRM No. M-14195 of 2009. Parshant Moong alias Kali has also been allowed the concession of bail vide order dated 05.03.2010 passed in CRM No. M-37012 of 2009 and as such, the petitioner is entitled to bail.

Learned counsel for the petitioner has further contended that the petitioner is in custody for the last more than 5 years and 4 months and de novo trial has started as the other accused have been summoned u/s 319 Cr.P.C. It is further contended that so far as the FIRs pointed by learned trial Court are concerned, out of those 5 FIRs, he has been acquitted in 3 FIRs.

The bail petition has been vehemently opposed by learned State counsel, as well as, learned counsel for the complainant.

It is contended that this is third bail petition. The petitioner is a habitual offender. Although he has been acquitted in three cases but two cases are still pending against him. He is the gang leader. Ajay Pal has been granted bail by this Court has caused injuries on 14.04.2013 and FIR No. 42 dated 14.04.2013 under Sections 307/452/506/148/149 IPC and 25 Arms Act at Police Station Division No. 4, Ludhiana City has been registered. It is further contended that in case the petitioner is allowed the concession of bail, he will kill the prosecution witnesses and as such, the petitioner is not entitled to grant of bail.

I have considered the submissions made by learned counsel for the parties and have gone through the records of the case. This is third bail petition. Earlier two bail petitions have been dismissed as withdrawn. The main injury has been attributed to the petitioner. Although the petitioner is in custody for the last more than five years, but in view of the apprehension which is well founded vide FIR No. 42 dated 14.04.2013, referred to above, it is not in the interest of justice to grant bail, at this stage.

In these circumstances, the bail petition stands dismissed.