Sachin v. State Of Haryana

-1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision:- 07.05.2025 SACHIN ....Petitioner(s)

Versus

STATE OF HARYANA

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Paramjeet, Advocate for the petitioner.

 

  

***** SANJIV BERRY, J. (ORAL) The instant petition has been preferred by the petitioner under Section 483 BNSS, 2023 for grant of regular bail to the petitioner in the following case :- FIR No.

Dated Sections Police Station 08.07.2023 307, 34 of the IPC;

25 of the Arms Act;

[27 & 30 of the Arms Act added later on] Sonipat Sadar, District Sonipat, Haryana no. 2), Mo 2.

It is, inter alia, contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is in custody since 20.07.2023 and after the completion of investigation, challan has been presented in Court and the conclusion of trial will take sufficient long time. Thus prays for grant of

-2concession of bail to the petitioner.

3.

Per contra, learned State counsel while referring to the reply filed by the State has opposed the petition by arguing that the petitioner happens to be the main accused, who had fired gunshot on the victim. He further submits that consequent upon the arrest of the petitioner, he got recovered the revolver used in the commission of offence along with 5 live cartridges and one empty cartridge from his residential house. Thus, prays for dismissal of the petition.

4.

Heard learned counsel for the parties and perused the record. 5.

After considering the rival contentions and perusing the record, it transpires that the instant FIR was registered on the complaint made by Sunil stating that his cousin namely Shamsher @ Sheru had an altercation with co-villager namely Sachin @ Nanhu (petitioner herein). On 07/08.07.2023 the petitioner along with co-accused Sonu and Bablu came to the liquor vend of Shamsher @ Sheru on a car. The petitioner and Sonu went inside the liquor vend while Bablu remained in the car. After some time, a quarrel took place between them and the petitioner took out a pistol and with intent to kill Shamsher @ Sheru, fired one gunshot, which hit the upper thigh of Shamsher @ Sheru. Thereafter, the assailants ran away from the spot and the injured was shifted to the hospital. 6.

During the course of investigation, the petitioner was arrested on 20.07.2023 and pursuant to his disclosure statement, the petitioner got recovered the revolver used in committing the crime with five live cartridges and one empty cartridge from his house. Even the FSL report corroborates

-3the prosecution version as the bullet matched with the led recovered from the body of the injured.

6.

Therefore, in these circumstances, considering the serious nature and gravity of offence involved, coupled with the role of the petitioner, he is not entitled to the concession of bail at this stage. Accordingly, the present petition is dismissed. 7.

Any observation made above shall not be construed as opinion of this Court on the merits of the case.

(SANJIV BERRY) JUDGE 07.05.2025 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No