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Gaurav Sharma @ Goru Bacha vs State Of Punjab on 15 July, 2021

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CASE HEARD THROUGH VIDEO CONFERENCING

109
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M No.35830 of 2020 (OM)
Date of decision: 15.07.2021

Gaurav Sharma @ Goru Bacha
….Petitioner
Versus
State of Punjab
….Respondent

CORAM: HON’BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Ms. Satpreet Grewal Kapila, Advocate
for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN J. (Oral)

CRM-17859-2021

Prayer in this application is for preponing the date fixed in

the main petition.

Heard.

For the reasons stated in the application, the same is

allowed and the main case is taken up today for hearing.

CRM-M-35830-2020 (OM)

Prayer in this petition is for grant of regular bail to the

petitioner in FIR No.0003 dated 01.05.2019 registered under Sections

377, 388, 389, 109, 115, 116, 120-B IPC at Police Station State Special

Operations Cell, S.A.S. Nagar, District S.A.S. Nagar, Mohali.

Counsel for the petitioner has argued that the FIR was

registered at the instance of a complaint received by the Inspector

General of Police, Punjab, IGP Counter, Intelligence, Amritsar for

taking action against the petitioner – Gaurava Sharma @ Goru Bacha

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and his accomplices on the complaint given by one inmate of Central

Jail, Patiala, namely Kiranbir Singh, who has alleged that the petitioner

is a gangster and is asking for Rs.20 lacs, failing which the complainant

will be given beatings. It is further stated in the FIR that when the

victim failed to pay the amount, the petitioner and his gang members

stopped him, put off his clothes and directed co-accused Lovepreet

Singh @ Lalu, to commit unnatural sex with him and while Lovepreet

Singh @ Lalu committed the offence, the petitioner made the

videography on a phone and thereafter, the said video recording was

sent to Rajan Kapoor, the then, Superintendent of Jail (co-accused). It is

stated that the complainant on account of the act of sodomy suffered

pain and remained under treatment.

It is further stated that there is a constant threat by the

petitioner to pay the aforesaid amount and the entire incident has been

committed in conspiracy with the jail officials.

Counsel for the petitioner has submitted that the

Superintendent of Jail and some other employees of the jail have

already been released on anticipatory bail whereas the petitioner is in

custody for the last 01 year and 03 months. It is further submitted that

the allegations of commission of offence under Section 377 IPC is not

against the petitioner.

Counsel for the State has filed the Custody Certificate and

as per the Custody Certificate, the petitioner is involved in as many as

13 FIRs wherein he is facing the trial.

A perusal of the Custody Certificate show that the

petitioner is involved in cases registered under Sections 364, 302 IPC

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and other cases under Section 307, some cases under Sections 399 or

395 or 382 IPC.

A perusal of the Custody Certificate further show that the

petitioner stands convicted in one case for a period of 10 years and in

some cases, he has already undergone the sentence and in few cases, he

stands acquitted.

After hearing the counsel for the parties, considering the

antecedents of the petitioner as well as the nature of cases in which he

stands convicted or is facing the trial and in view of the allegation that

inside the jail, he is running an extortion racket with his co-accused, I

find no ground to grant the concession of regular bail to the petitioner.

Dismissed.

(ARVIND SINGH SANGWAN)
JUDGE

15.07.2021
yakub

Whether speaking/reasoned: Yes/No

Whether reportable: Yes/No

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