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2014 DIGILAW 538 (PNJ)

Manish v. State of Haryana

2014-03-13

TEJINDER SINGH DHINDSA

body2014
JUDGMENT Mr. Tejinder Singh Dhindsa, J. (Oral):- This order shall dispose of the present petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.231 dated 10.08.2013 under Sections 302/120-B/34 IPC and Sections 25/54/59 of the Arms Act registered at Police Station Murthal, District Sonepat. 2. Counsel for the parties have bee heard at length. 3. As per prosecution version, Jai Pal S/o Chatar Singh on 09.08.2013 at about 11 O’ clock in the night was going along with his brother Sandip to bazaar and upon reaching near Balmiki temple, three boys namely Nikka S/o Rattan Singh, Sandip S/o Rajan Kumar and Nanha S/o Mohinder accosted them. It has further been alleged that Nikka was holding a 315 bore pistol in his hand and at that stage, Sandip Kumar exhorted Nikka to teach the deceased a lesson on account of a dispute that had occurred two years back. Furthermore, specific allegation is that Nikka had fired from point blank in the chest of his brother with an intention to kill him. 4. In the FIR, the name of the petitioner did not even figure. However, on the basis of a supplementary statement of Jai Pal-complainant recorded on 15.08.2013, the name of the present petitioner was mentioned. 5. As per initial statement of the complainant-Jai Pal on the basis of which the FIR was registered on 10.08.2013, the allegations are categoric and specific i.e. to the effect that three boys had accosted the complainant-Jai Pal as also his deceased brother. Furthermore, the specific allegation insofar as the pistol shot having been fired had been attributed to Nikka. In such initial statement of the complainant, there is no reference as regards any other unknown person also having accompanying three boys namely Nikka, Sandip and Nanha. It is only a supplementary statement recorded five days after the occurrence that the petitioner has been named. 6. Under such circumstances, false implication of the petitioner cannot be ruled out. 7. Learned State counsel upon instructions from SI Rakesh Kumar would apprise the Court that the investigation in the case is complete and the challan stands presented. 28 prosecution witnesses have been cited out of which none has been examined. The trial is at the very initial stage and shall time to conclude. 8. Undisputedly, the petitioner is in custody since 16.08.2013. 9. 28 prosecution witnesses have been cited out of which none has been examined. The trial is at the very initial stage and shall time to conclude. 8. Undisputedly, the petitioner is in custody since 16.08.2013. 9. Without expressing any opinion on the merits of the case, I am of the considered view that the present petitioner is entitled to the concession of bail. 10. Petition is allowed. Petitioner be enlarged on bail subject to the satisfaction of the trial Court. 11. Disposed of. ---------0.B.S.0------------