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2013 DIGILAW 1533 (PNJ)

Balbir v. State of Haryana

2013-11-22

R.P.Nagrath

body2013
JUDGMENT Mr. R.P. Nagrath, J.: - Prayer in the instant petition under Section 439 Cr.P.C. is for grant of regular bail in FIR No. 174 dated 16.03.2013 under Sections 148, 149, 307 and 452 of the Indian Penal Code (IPC) read with Section 25 and 27 of Arms Act, registered at Police Station Sadar, Bahadurgarh, District Jhajjar. 2. After arguing for sometime learned counsel for the petitioners has withdrawn the instant petition qua petitioner No. 2 at this stage. 3. The petition qua petitioner No. 2 Deepak son of Balbir is, therefore, dismissed as withdrawn. 4. I have also heard learned counsel for the petitioners, State counsel and counsel for the complainant on the prayer for bail to petitioners No. 1 and 3. 5. Learned counsel for the petitioners submits that 11 persons have been implicated in the instant case and that this is a case of version and cross-version. 6. The firearm injuries are stated to be on non-vital part of the injured. With regard to cross-version, learned counsel for the complainant submits that petitioner No. 1 got himself admitted in a private hospital and it is also not clear whether that injury on his person was a firearm injury. 7. The allegation was that the accused person were armed with weapons but in the FIR only specific role has been attributed to petitioner No. 2 having fired shots from his weapon. 8. Learned counsel for the petitioners submits that only one shot fired from the weapon allegedly used can result into pallet injuries to the persons standing nearby but those are also on the non-vital part. Petitioners No. 1 and 3 are in custody from 20.03.2013. 9. In view of the above and without commenting on merits of the case, the instant petition is allowed and Balbir son of Roop Chand and Anil son of Rajbir petitioners No. 1 and 3 respectively be admitted to bail on furnishing bail bonds to the satisfaction of trial Court as the challan has already been presented. ---------0.B.S.0------------