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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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