High Court of Punjab and HaryanaCRM-M/2756/2020disposed of

Rahul v. State Of Haryana

2020-07-31Mr. Justice Arvind Singh Sangwan3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : July 31, 2020 Rahul ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Surinder Gandhi, Advocate for the petitioner.

Mr. Kuldeep Tiwari, Additional A.G., Haryana. (through video conferencing).

ARVIND SINGH SANGWAN, J.

(Oral) This is the first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.222 dated 4.9.2019, under Sections 147, 148, 149, 323, 324, 326, 341, 307 and 506 IPC, registered at Police Station Sadar, Narwana.

Counsel for the petitioner submits that as per the allegations in the FIR, registered at the instance of complainant-Jarnail Singh, it is stated that he is an agriculturist and is a partner in a liquor vend. On 1.9.2009, after collecting cash, he was going towards village Phullyia in his vehicle and when he reached near village Kahna Khera, accused Aman and Malkit Singh sons of Suresh started chasing him on their motorcycle. Petitioner-accused Rahul had taken the hotel of Jai Bhagwan on rent and in front of the said hotel, Jai Bhagwan and Suresh parked their car in front of the car of the complainant. Thereafter, petitioner brought out two Gandasis and one Danda from the hotel and

-2gave it to Suresh, Aman and Jai Bhagwan. Thereafter Malkiat Singh and petitioner-Rahul caught hold of him and Suresh gave a Gandasi blow and Jai Bhagwan gave a Danda blow on the head of the complainant. Aman tried to gave a Gandasi blow on his head and he raised his hand and the same hit on his right hand. Thereafter he fell down and accused caused him further injuries on his leg. Thereafter, he became unconscious and the accused persons ran away from the spot. Counsel for the petitioner has referred to order dated 10.6.2020 vide which the Sessions Judge has granted the concession of regular bail to co-accused Suresh. A perusal of the order shows that the petitioner was arrested on 10.9.2019 and thereafter, Suresh and Jai Bhagwan were arrested on 15.9.2019.

Both of them suffered their disclosure statements and got recovered the weapon of offence and the vehicle used in the crime. During investigation, Aman and Malkit Singh were found innocent. Thereafter the challan was presented and the case is now fixed for the prosecution evidence. It is further observed in this order that as per the prosecution version, injury of Gandasi on the head of the complainant was attributed to Suresh. Injury No.3 on the person of the complainant, was declared dangerous to life.

Counsel has, thus, submitted that Suresh who is attributed the injury under Section 307 IPC has already been released on bail and the petitioner has been implicated on account of business rivalry between the complainant and the petitioner.

Learned State counsel has not disputed the factual position

-3and submitted that the petitioner is not involved in any other case. However, he was actively involved as he was caught hold of the complainant from the backside and supplied the weapon to the coaccused. It is not disputed that the case is fixed for prosecution evidence and no prosecution witness has been examined despite the fact that the challan was presented a long ago.

After hearing the counsel for the parties, considering the fact that the petitioner is the first offender and is in custody since September, 2019 and the main accused, who was attributed injury under Section 307 IPC has already been granted the concession of regular bail by the Sessions Judge, the present petition is allowed and the petitioner is directed to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE July 31, 2020 satish Whether speaking/reasoned :

Yes/No Whether reportable:

Yes/No