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2006 DIGILAW 1728 (PNJ)

Manoj v. State Of Haryana

2006-04-26

BALDEV SINGH

body2006
Judgment Baldev Singh, J. 1. Manoj has filed this petition under Sec.439 of the code of Criminal Procedure for releasing him on bail in case F. I. R. No.138 dated 13.7.2005, under Sections 307/ 353/ 186/ 420/ 467/ 468/ 471 read with Sec.34 of the Indian Penal Code and section 25 of the Arms Act, registered at Police Station Sadar 2. Dadri, District Bhiwani. It is argued by the Ld. Counsel for the accusedpetitioner that there are no allegations against him as per the challan. Although the petitioner was in the Scorpio, the firing was allegedly made by Vinod etc. No police official was hit by the bullet. Two of the accused received injuries. The accusedpetitioner is in custody since July, 2005. Conclusion of the trial will take time. 3. Arguments of the Ld. Counsel for the accusedpetitioner and of the Assistant Advocate General, appearing for the Haryana State, were heard. 4. The police report reveals that an information was received that in Scorpio vehicle No. HR-14c-9756, 4 persons were coming from Jhoju side to Adampur for committing some crime. 5. The Scorpio was being driven by Vinod and Kirori and two other persons were traveling in the Scorpio. `nakabandi was made. The scorpio came there after some time. The police officials signalled the Scorpio to stop. The occupants of the Scorpio opened fire at the policer officials. The police officials, in retaliation, also opened fire. The police officials did not receive any injury. The bullets hit the government vehicle. The vehicle received notches. 6. The accused-petitioner opened fire at police officials along with his accomplices. It is a serious offence. Indeed, he is in custody since 18.7.2007, but this alone is not sufficient to grant him bail. None of the police officials was hit by the bullets because they are imparted training to save themselves in such attacks. The accused-petitioner cannot derive any benefit from this circumstance. He does not deserve the concession of bail at this stage. The petition is dismissed.