Sunil @ Sheela v. State Of Haryana

CRM-M No. 12321 of 2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) CRM-M No. 12321 of 2017 (O&M) Date of decision : 24.5.2018 ...

Sunil @ Sheela ................Petitioner vs.

State of Haryana .................Respondent 2) CRM-M No. 11089 of 2018 (O&M) ...

Anil @ Dhaula ................Petitioner vs.

State of Haryana .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Amit Kumar Goyal, Advocate for the petitioner in CRM-M-12321-2017 Mr. Vishwajeet, Advocate for Mr. Keshav Partap Singh, Advocate for the petitioner in CRM-M-11089-2018 Mr. Neeraj Poswal, AAG, Haryana.

Mr. Gautam Dutt, Advocate for the complainant ...

H. S. Madaan, J.

Vide this order, I intend to dispose of two petitions

CRM-M No. 12321 of 2017 -2bearing CRM-M-12321-2017 titled as Sunil @ Sheela vs. State of Haryana and CRM-M-11089-2018 titled as Anil @ Dhaula vs. State of Haryana, as both these petitions have arisen out of the same FIR. Petitioners - have filed the present petitions for grant of regular bail, both of them being accused in FIR No. 1284 dated 8.11.2015 for offences under Sections 302, 120-B IPC and Section 25 of Arms Act, registered at Police Station Chandni Bagh, District Panipat.

Briefly stated, facts of the case, as per the prosecution story are that criminal machinery was set into motion by complainant Rajender Singh s/o Ram Singh r/o village Siwah, District Panipat, who in the written complaint submitted by him to the police stated that on 8.11.2015, when he went to his farm he found two cartridge shells of a gun lying in front of the room. When he entered the room, he found his brother Satender and his uncle Dalel Singh on the bed with their clothes smeared with blood and they were dead. He informed his family members telephonically.

His family members and several other persons arrived at the spot, which included Satish s/o Tek Ram resident of their village, who informed that at night Satender had telephonically informed him that Pappu @ Rakesh s/o Balraj, Shila Dibri s/o Dalip Singh and Rajiv s/o Ishwar alongwith 3-4 other persons of the village were coming to shoot him. The complainant suspected Rakesh, Shila Dibra and Rajiv alongwith other persons having hatched a criminal conspiracy and committed murder of his brother Satender and uncle Dalel. On the basis of that written complaint, formal FIR was registered and the matter was investigated.

CRM-M No. 12321 of 2017 -3Accused Rajiv @ Rajipa,Devi Lal @ Devi, Surender @ Sundra and Sunil @ Sheela were arrested in this case and were sent up to face trial. Later on accused Rakesh @ Pampu, Anil @ Dhola, Anil @ Lila suffered a disclosure statements in a case bearing FIR No. 160 dated 21.3.2016 for offences under Sections 397, 401 IPC and Section 25 of Arms Act, registered at Police Station Palam Vihar, Gurgaon, regarding their involvement in this case. Accused Amarjeet suffered a disclosure statement in case bearing FIR No. 180 dated 24.3.2016 for offence under section 25 of Arms Act, registered at Police Station Sadar, Rohtak, to the effect that he was involved in this case. Accused Rakesh @ Pampu, Anil @ Dhola, Anil @ Lila and Amarjeet @ Chota were arrested in this case on the basis of disclosure statement of accused.

A twin barrel gun used in the commission of offence had been got recovered by accused Surender @ Sundra in case baring FIR No. 187 dated 14.11.2015 for offences under Sections 302, 307 IPC and Section 25 of Arms Act. From possession of Anil @ Dhola a revolver of 32 bore and from Anil @ Lila a country made pistol of 9 mm had been recovered. Such accused had demarcated the place of occurrence. They had filed applications for grant of regular bail in the Court below, but those were dismissed, as such they have approached this Court seeking regular bails, which request is being opposed by the State counsel. I have heard learned counsel for the petitioners, learned State counsel, besides going through the record. I find that no case for grant of regular bail to the petitioners is made out.

CRM-M No. 12321 of 2017 -4involvement of both the petitioners in this case came out to be there. As per the custody certificate filed by the State counsel, Anil @ Dhola is shown to be involved in three other criminal cases, two of them being murder cases and one under Section 398, 401 IPC. That means, he is a habitual criminal. One country made pistol had been recovered from the possession of applicant-accused Sunil @ Sheela. As per the prosecution story, from possession of accused Anil @ Dhaula, a 32 bore revolver had been recovered. Sunil @ Sheela is also stated to have been involved in several criminal cases. The allegations against both the petitioners are quite grave and serious. There is a reasonable apprehension of their being absconding, trying to tamper with the prosecution evidence, if granted regular bail.

Trial against them is going on. As stated by the State Counsel, out of 34 prosecution witnesses cited, the prosecution has already examined 23 prosecution witnesses and now the case is fixed for 31.5.2018 for remaining prosecution witnesses. In that way the prosecution is likely to conclude it evidence in near future.

Therefore, I do not see any reason to grant regular bail to the petitioners. Both the petitions are doomed for failure and are hereby dismissed.

( H.S. Madaan ) 24.5.2018 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No