Kulbir Singh @ Nikka v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-28337 of 2017 (O&M) Date of Decision: September 05, 2017 Kulbir Singh @ Nikka

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.A.P.S.Deol, Advocate with Mr.Karan Jindal, Advocate for the petitioner.

Mr.B.S.Virk, Deputy Advocate General, Haryana for the respondent-State.

Mr.Gurvinder Singh Sidhu, Advocate for the complainant.

**** INDERJIT SINGH, J.

Petitioner has filed this third petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.121 dated 12.11.2015 under Sections 302, 341, 323, 34, 147 and 149 IPC, registered at Police Station Rori, District Sirsa.

Notice of motion was issued. Learned State counsel as well as learned counsel for the complainant appeared and contested the petition. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. Learned counsel for the petitioner argued that no specific Vineet Gulati 2017.09.06 15:26 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-28337 of 2017 -2injuries have been attributed to the present petitioner. The petitioner has been in custody since 26.01.2017. Therefore, he argued that the petitioner should be released on bail.

On the other hand, learned State counsel as well as learned counsel for the complainant argued that as per prosecution version, all the accused persons were armed with sticks etc. and they have caused the injuries. Earlier, in the post-mortem examination, only four injuries were found but later on, post mortem examination was again conducted and more injuries were found and the cause of death in this case is due to causing of injuries.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. From the record, I find that active role has been played by the petitioner in this case. Though no specific injury has been attributed to him but in general, there is allegation that all the accused caused injuries. Keeping in view the facts and circumstances of the present case, nature and gravity of the offence, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I do not find it a fit case where petitioner is entitled to benefit of regular bail. Therefore, finding no merit in the present petition, the same is dismissed.

September 05, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.09.06 15:26 I attest to the accuracy and authenticity of this document Chandigarh