Sachin Kumar v. State Of Haryana

TAPINDER SINGH MANN 2016.05.05 17:01 Cr. Misc. M 14259 of 2016 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 14259 of 2016 Date of decision: 5.5.2016 Sachin Kumar Petitioner vs.

State of Haryana Respondent

Present:

Mr. SR Hooda, Advocate.

Mr. CS Bakshi, Addl.A.G. Hry.

M.M.S.BEDI,J.

The petitioner apprehends arrest in a case registered at the instance of Jaivir Singh alleging that on 29.1.2016 his son Rohit while going to the coaching centre was intercepted by 10/11 boys,who gave beatings to him after quarrel between them.

Counsel for the petitioner has submitted that neither petitioner is named in the FIR nor any specific injury has been attributed to him. With the assistance of learned State counsel and ASI Sudhir Kumar, I have gone through the police file. It appears that during investigation, CCTV footage of the occurrence has been obtained. As per the said footage, the petitioner is seen to have inflicted injury with a sua on the person of Rohit.

Counsel for the petitioner has vehemently contended that the name of the petitioner is not Bachi, who is named in the FIR. Since the petitioner is depicted in the CCTV footage, the controversy whether the petitioner is not called Bachi is immaterial at this stage. Counsel has submitted that no one has been arrested but the investigating officer informs that three persons have already been arrested and are in judicial

Cr. Misc. M 14259 of 2016 custody. Counsel further submits that the petitioner had earlier been granted regular bail before addition of offence u/s 307 IPC. I have taken into consideration all the facts and circumstances of the case and I am of the opinion that in view of petitioner having been attributed a specific injury with a sua, which has resulted in the injury to the pancreas; the injured being still in hospital, no ground is made out to grant the concession of pre-arrest bail to the petitioner. Dismissed.

May 5 ,2016 ( M.M.S.BEDI ) TSM JUDGE