Full Text
Translation output
HIGH COURT OF DELHI
BAIL APPLN.2083/2017
JAIVINDERSINGH .....Petitioner Represented by. Mr.AnkurSharma,Mr. Muddassir Daiyyan,Advs.
BAIL APPLN.2083/2017
JAIVINDERSINGH .....Petitioner Represented by. Mr.AnkurSharma,Mr. Muddassir Daiyyan,Advs.
VERSUS
STATENCT OFDELHI Respondent Represented by. Mr.AmitGupta,APP with ASI
Ramesh Kr.,PS Malviya Nagar.
~'+ bail APPLN.2084/2017 LALIT GULIA Petitioner
Represented by: Mr.Ankur Sharma^ Mr.
Ramesh Kr.,PS Malviya Nagar.
~'+ bail APPLN.2084/2017 LALIT GULIA Petitioner
Represented by: Mr.Ankur Sharma^ Mr.
VERSUS
STATE NCT OF DELHI
Represented by: Mr.AmitGupta,APP with ASI Ramesh Kr.,PS Malviya
Nagar.
Represented by: Mr.AmitGupta,APP with ASI Ramesh Kr.,PS Malviya
Nagar.
BAIL APPLN.2137/2017 •
ASHISH ■
Represented by: Mr.Ankur Sharma,Mr.
ASHISH ■
Represented by: Mr.Ankur Sharma,Mr.
VERSUS
STATE(NCT OFDELHI) .
RcprcscntGcibyi NIs.NIcGn^ksni Cn9.u1i3.n5 All with ASI Ramesh Kr.,PS
Malviya Nagar.
BAILAPPLNs.2083/2017,2084/2017& 2137/2017 pageIof4
2018:DHC:8175 o u
RcprcscntGcibyi NIs.NIcGn^ksni Cn9.u1i3.n5 All with ASI Ramesh Kr.,PS
Malviya Nagar.
BAILAPPLNs.2083/2017,2084/2017& 2137/2017 pageIof4
2018:DHC:8175 o u
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
ORDER o/o 08.02.2018 By these petitions the petitioners seek anticipatory bail in case FIR
No.293/2017 under Sections 308/34IPG registered atPS Malviya Nagar.
Learned APP for the State contends that during the course of investigation in view of the nature of injuries to Niranjan and Deepak
Sehrawat Section 307IPG was added to the FIR.
The genesis ofthe above-noted FIR was a quarrel on 5'^ August,2017 at about 10 PM between Dalvinder @ Pappe and Niranjan Sehrawat in presence of Gagan Sehrawat when Niranjan first slapped Dalvinder @
Pappe who in turn slapped Niranjan. It is the case ofDalvinder that after
1.00 AM mid-night when he wentto sleep at about 1.45 AM Niranjan along with his nephew Deepak Sehrawat and other persons entered in his house and started beating him,his brothers Jaivinder,Parvinder and cousin brother
Lalit & Ashish. The doctor opined 'simple' on the MLCs of Dalvinder, Parvinder,Jaivinder and Lalit whereas'GrievousBlunt'to Ashish. On the said complaintFIR No.292/2017 was registered.
However, in the process Niranjan and Deepak Sehrawat were also injured. Niranjan was firsttaken to the Trauma Centre,AIIMS and Deepak
Sehrawat to Batfa Hospital. Niranjan Sehrawat remained unconscious for
20-22 days and had various surgical interventions. Deepak Sehrawat also had various surgical intervention. On the injuries caused to Niranjan and
Deepak FIR No.293/2017 under Sections 308/34 IPG was registered wherein Section 307IPG has been added as noted above.
BAIL APPLNs.2083/2017,2084/2017& 2137/2017 page2of4 o
On being declared fitstatement ofDeepak Sehrawat was recorded on
7^'' August,2017 who stated thaton intervening nightof5-6 August,2017 at about 1.00 AM inthe nighthis uncle Niranjantelephonically informedthata quarrel had taken place with Dalvinder @ Pappe. On reaching near
Dalvinder@Pappe's house in his Duster car he methis uncle Niranjan and his friend Lalit. His uncle had sustained injuries on his head. They went inside the door and touched the feet ofPappe's father and started talking to him. Inthe meantime brother ofPappe started misbehaving withthem and a scuffle took place between his uncle and brother ofPappe. The other side including the females started beating him and his uncle. It is alleged that wife ofPappe hit him on his head. Hefell down and they keptbeating him and his uncle saying'today thestory is goingto end\
From the statementofDeepak Sehrawatalso itis evidentthatafterthe quarrel between the Dalvinder and Niranjan took place at 10PM wherein both slapped each other,Niranjan called Deepak Sehrawat where afterthey entered the house ofthe petitioners. As noted above, injuries have been received on both the sides. The place ofincident being inside the house of
Dalvinder and time being mid-night is not disputed by either side.
Undoubtedly, injuries caused to the Niranjan and Deepak Sehrawat are serious in nature, however the fact remains that it was Niranjan, Deepak
Sehrawat and Lalit who entered the house ofthe petitioners where after a scuffle took place and both sides received injuries. There are three cases already registered against Deepak Sehrawat, which shows the reason
Niranjan callingDeepakto assisthim.
BAILAPPLNs.2083/2017,2084/2017,& 2137/2017 page3of4
Considering the nature of allegations this Court deems it fit to grant anticipatory bail to the petitioners. It is therefore directed thatin the event of arrest the petitioners be released on bail on their furnishing a personal bond in the sum of ^25,000/- each with one surety bond each of the like amount subject to the satisfaction ofthe Arresting Officer/ SHO concerned with the further condition that the petitioners will not leave the country withoutthe prior permission ofthe Court concerned and in case ofchange of residential address the same will be intimated to the Court concerned by way ofaffidavit.
Petitions are disposed of. Order dasti.
MUKTA GUPTA,J.
FEBRUARY 08,2018 'ga' BAIL APPLNs.2083/2017,2084/2017& 2137/2017 page4of4
ORDER o/o 08.02.2018 By these petitions the petitioners seek anticipatory bail in case FIR
No.293/2017 under Sections 308/34IPG registered atPS Malviya Nagar.
Learned APP for the State contends that during the course of investigation in view of the nature of injuries to Niranjan and Deepak
Sehrawat Section 307IPG was added to the FIR.
The genesis ofthe above-noted FIR was a quarrel on 5'^ August,2017 at about 10 PM between Dalvinder @ Pappe and Niranjan Sehrawat in presence of Gagan Sehrawat when Niranjan first slapped Dalvinder @
Pappe who in turn slapped Niranjan. It is the case ofDalvinder that after
1.00 AM mid-night when he wentto sleep at about 1.45 AM Niranjan along with his nephew Deepak Sehrawat and other persons entered in his house and started beating him,his brothers Jaivinder,Parvinder and cousin brother
Lalit & Ashish. The doctor opined 'simple' on the MLCs of Dalvinder, Parvinder,Jaivinder and Lalit whereas'GrievousBlunt'to Ashish. On the said complaintFIR No.292/2017 was registered.
However, in the process Niranjan and Deepak Sehrawat were also injured. Niranjan was firsttaken to the Trauma Centre,AIIMS and Deepak
Sehrawat to Batfa Hospital. Niranjan Sehrawat remained unconscious for
20-22 days and had various surgical interventions. Deepak Sehrawat also had various surgical intervention. On the injuries caused to Niranjan and
Deepak FIR No.293/2017 under Sections 308/34 IPG was registered wherein Section 307IPG has been added as noted above.
BAIL APPLNs.2083/2017,2084/2017& 2137/2017 page2of4 o
On being declared fitstatement ofDeepak Sehrawat was recorded on
7^'' August,2017 who stated thaton intervening nightof5-6 August,2017 at about 1.00 AM inthe nighthis uncle Niranjantelephonically informedthata quarrel had taken place with Dalvinder @ Pappe. On reaching near
Dalvinder@Pappe's house in his Duster car he methis uncle Niranjan and his friend Lalit. His uncle had sustained injuries on his head. They went inside the door and touched the feet ofPappe's father and started talking to him. Inthe meantime brother ofPappe started misbehaving withthem and a scuffle took place between his uncle and brother ofPappe. The other side including the females started beating him and his uncle. It is alleged that wife ofPappe hit him on his head. Hefell down and they keptbeating him and his uncle saying'today thestory is goingto end\
From the statementofDeepak Sehrawatalso itis evidentthatafterthe quarrel between the Dalvinder and Niranjan took place at 10PM wherein both slapped each other,Niranjan called Deepak Sehrawat where afterthey entered the house ofthe petitioners. As noted above, injuries have been received on both the sides. The place ofincident being inside the house of
Dalvinder and time being mid-night is not disputed by either side.
Undoubtedly, injuries caused to the Niranjan and Deepak Sehrawat are serious in nature, however the fact remains that it was Niranjan, Deepak
Sehrawat and Lalit who entered the house ofthe petitioners where after a scuffle took place and both sides received injuries. There are three cases already registered against Deepak Sehrawat, which shows the reason
Niranjan callingDeepakto assisthim.
BAILAPPLNs.2083/2017,2084/2017,& 2137/2017 page3of4
Considering the nature of allegations this Court deems it fit to grant anticipatory bail to the petitioners. It is therefore directed thatin the event of arrest the petitioners be released on bail on their furnishing a personal bond in the sum of ^25,000/- each with one surety bond each of the like amount subject to the satisfaction ofthe Arresting Officer/ SHO concerned with the further condition that the petitioners will not leave the country withoutthe prior permission ofthe Court concerned and in case ofchange of residential address the same will be intimated to the Court concerned by way ofaffidavit.
Petitions are disposed of. Order dasti.
MUKTA GUPTA,J.
FEBRUARY 08,2018 'ga' BAIL APPLNs.2083/2017,2084/2017& 2137/2017 page4of4
JUDGMENT