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2010 DIGILAW 1997 (PNJ)

Hanif v. State of Haryana

2010-07-08

S.S.SARON

body2010
JUDGMENT S.S. Saron, J.:-This order will dispose of Crl. Misc. No. M-12482 of 2010 filed by Hanif, Wahid, Akhtar sons of Jahur and Akbar son of Nawab as also Crl. Misc. No. M-14439 of 2010 filed by Salim, Aslam, Anwar sons of Nawab, Chand and Razuddin sons of Hanif as both the petitions arise out of the same FIR. 2. The respective petitioners seek pre-arrest bail in a case registered against them for the offences under Sections 307, 323, 324, 452, 506, 148/149 IPC and Section 25 of the Arms Act. 3. Admittedly in the incident that occurred on 24.3.2010, the respective petitioners in the petitions have not been attributed any specific role. 4. According to the learned Senior counsel for the petitioners the entire family members of the petitioners in the respective petitions have been implicated on account of the alleged incident. In fact no specific role is attributed to the petitioners. Learned Senior counsel has further submitted that the respective petitioners have a meat shop and the complainant also has a meat shop adjoining it and due to rivalry in business, the complainant has alleged that the petitioners have been threatening them. 5. Learned State counsel submits that the respective petitioners have joined the investigation and their custody is not required for the purposes of investigation. 6. It has been alleged by the complainant in the FIR that Nawab son of Zahoor (non-petitioner) had a country made pistol who, it is alleged, fired with an intention to kill the complainant but it missed them. He then raised a lalkara to finish the complainant side. Thereafter, Mustkim (non-petitioner) who had a ‘lathi’ gave a ‘lathi’ blow which hit on the left hand of the complainant Islam. Junior (non-petitioner) was carrying a ‘dhuri’ which he hit on the right leg of the complainant. It is alleged that thereafter all the accused inflicted injuries. It is also alleged that Ikram and Alarakha were in serious condition and had been referred to hospital at Delhi. They have since been discharged on 14.4.2010. 7. Admittedly no specific role is attributed to the petitioners in the FIR. It is alleged that thereafter all the accused inflicted injuries. It is also alleged that Ikram and Alarakha were in serious condition and had been referred to hospital at Delhi. They have since been discharged on 14.4.2010. 7. Admittedly no specific role is attributed to the petitioners in the FIR. As regards the threats that have been held out by the respective petitioners to the complainant, it would be just and expedient if this aspect is considered by the police authorities of Police Station City Palwal and if necessary, initiate security proceedings for keeping peace and good behaviour in terms of Chapter VIII Cr.P.C. The custody of the petitioners is not required for the purposes of investigations. 8. In the circumstances, the interim bail granted to the petitioners Hanif, Wahid, Akhtar and Akbar in Crl. Misc. No. M-12482 of 2010 on 30.4.2010 and the interim bail granted to the petitioners Salim, Aslam, Anwar, Chand and Razuddin in Crl. Misc. No. M-14439 of 2010 on 17.5.2010 are made absolute. 9. Accordingly, the Crl. Misc. No. M-12482 of 2010 and Crl. Misc. No. M-14439 of 2010 stand disposed of. ------------