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2016 DIGILAW 2102 (PNJ)

Bhola alias Jasbir v. State of Haryana

2016-08-12

LISA GILL, S.S.SARON

body2016
JUDGMENT 1. This order shall dispose of above said criminal miscellaneous applications, which have been filed by Bhola alias Jasbir and Jacky Singh alias Jai Kishan in their respective appeals seeking their suspension of sentences of imprisonments during pendency of the appeals. 2. Learned counsel for the State has filed an affidavit of Sh. Dinesh Yadav, Deputy Superintendent, District Jail, Faridabad mentioning the period of imprisonment undergone by Bhola @ Jasbir (applicant-appellant in CRM No. 38547 of 2015 in CRA-D-405-DB of 2014) and also an affidavit of Sh. Rohan Singh Hooda, Deputy Superintendent, District Jail, Faridabad mentioning the period of imprisonment undergone by Jacky Singh @ Jai Kishan (applicant-appellant in CRM No. 3590 of 2016 in CRA-D-557-DB of 2014). The affidavits are taken on record. 3. Heard, learned counsel for the parties. 4. It may appropriately be noticed that the sentences of imprisonments of Goldi alias Dharmender (appellant in CRA No. D-485-DB of 2014) and Chaman Parkash (appellant No. 2 in CRA No. D-473-DB of 2014) have been suspended by this Court vide order dated 17.11.2015 (Annexure PA-1 attached with Criminal Miscellaneous No. 38547 of 2015). The facts have been recounted in the said order. 5. According to the complainant-Billu, his brother’s son Gaurav (deceased in the case) had gone for a walk on 30.05.2012 at about 8.15 p.m. Later during night at around 11.30 p.m. the complainant-Billu was informed by someone that Gaurav was lying in a pool of blood at the ‘chowk’ (crossing). On receiving the information, the complainant along with his brother Kishan reached Sahupur ‘chowk’ (crossing), where Gaurav was lying in a pool of blood. On being asked, Gaurav disclosed that he had been assaulted by Chaman, Pardeep, Jai Kishan (applicant-appellant), Bhola alias Jaibir (applicant-appellant) and Goldy all residents of Sahupur and Munshi resident of Sihipur. Gaurav was taken to General Hospital, Ballabgarh by complainant-Billu. His condition was serious and he was referred to Sarvodya Hospital, Faridabad. However, Gaurav had died due to the injuries that he had suffered. 6. Kulla alias Kuldeep (accused No.1) made a disclosure statement in which he is stated to have confessed that about a year earlier to his making a statement on 10.06.2012 before Inspector/ SHO, Police Station Sadar Ballabgarh, he had seen his sister with Gaurav (deceased) at Old Faridabad. From the said date Kulla alias Kuldeep had a grudge against Gaurav. 6. Kulla alias Kuldeep (accused No.1) made a disclosure statement in which he is stated to have confessed that about a year earlier to his making a statement on 10.06.2012 before Inspector/ SHO, Police Station Sadar Ballabgarh, he had seen his sister with Gaurav (deceased) at Old Faridabad. From the said date Kulla alias Kuldeep had a grudge against Gaurav. Kulla alias Kuldeep was present in his house on 30.05.2012 and he had seen Gaurav in the village. He then thought of taking revenge from Gaurav. In the evening at about 6.00 p.m., Kulla alias Kuldeep was present at Nanak Farm House and in the meantime Gaurav came there. He asked Gaurav to have drinks with him. At that time, when Kulla alias Kuldeep along with Gaurav came to the liquor vend at Rathore Chowk, they purchased a liquor bottle from there. In the meantime, Goldy alias Dharmender, Jacky @ Jai Kishan (applicant-appellant) and Pardeep of his village also came there. They purchased articles from there and got their meal packed. They came back to the Nanak Farm House. They were consuming liquor there till about 10.30 p.m. and thereafter they had their meal. Then they started to their respective houses. Then Goldy alias Dharmender, Pardeep and Jacky (applicantappellant) came on their motorcycle at the Bye Pass Road. Kulla alias Kuldeep along with Gaurav reached the road after taking a walk. Then Goldy along with his motorcycle went to his house. Thereafter, Jacky alias Jai Kishan along with Gaurav started walking from there and Kulla @ Kuldeep was walking behind them. Then Kulla alias Kuldeep informed Pardeep that on that day, they had to kill Gaurav. Pardeep agreed to the same and spoke with Chaman on phone and informed him that they had to beat Gaurav. Then Chaman said that they should break his hands and feet and he was reaching there. At about 11.00 p.m., they reached at Shahpura ‘chowk’ Bye Pass. Then Kulla @ Kuldeep informed Jacky (applicant-appellant) that he should keep Gaurav busy by conversing with him and that Kulla @ Kuldeep and Pardeep were coming soon. Jacky started conversing with Gaurav while Kulla @ Kuldeep and Pardeep came at the bus stand Shahpura. Then Kulla alias Kuldeep went to his house and came with a sword and a knife and Pardeep after taking a ‘danda’, reached at Shahpura Bus ‘Chowk’. Jacky started conversing with Gaurav while Kulla @ Kuldeep and Pardeep came at the bus stand Shahpura. Then Kulla alias Kuldeep went to his house and came with a sword and a knife and Pardeep after taking a ‘danda’, reached at Shahpura Bus ‘Chowk’. Immediately on reaching there, Pardeep inflicted a ‘danda’ blow to Gaurav and Kulla alias Kuldeep inflicted a sword blow to Gaurav. Then the sword fell from the hands of Kulla alias Kuldeep. Pardeep tried to lift the sword, then Kulla alias Kuldeep gave continuous blows of knife to Gaurav. Thereafter, all three of them, i.e. Kulla alias Kuldeep, Pardeep and Jacky, left Gaurav there and went towards Sector 64. From there, Pardeep and Jacky made a phone call to Chaman and said that they had finished the work and they were in Sector 64. After half a hour Chaman reached there in a car and he took them in the car and reached at the house of Rohit at Chawla Colony, Ballabgarh and they stayed there during the night. On the next morning, i.e. on 31.05.2012, they woke up and Kulla alias Kuldeep and Pardeep threw the sword and knife in the Agra canal. Kulla alias Kuldeep pointed out the place and the clothes that he had worn at the time of the occurrence. 7. The said disclosure statement of Kulla alias Kuldeep (accused), on which according to learned counsel for the applicants/appellants state that the prosecution has placed reliance, does not name Bhola alias Jasbir, however, Jacky alias Jai Kishan is named in the statement although he is not attributed any role of causing any injury on the person of the deceased Gaurav. 8. According to the custody certificate that has been filed, Bhola alias Jasbir (applicant/appellant in CRM No. 38547 of 2015 in CRA-D-405- DB of 2014) has undergone actual imprisonment of two years, 11 months and 13 days as on 15.07.2016 and Jacky alias Jai Kishan (applicant-appellant in CRM No. 3590 of 2016 in CRA-D-557-DB of 2014) has undergone actual imprisonment of three years and six days as on 01.08.2016. 9. 9. Keeping in view the role attributed to the applicants/appellants; besides, the fact that the sentences of imprisonments of Goldy @ Dharmender and Chaman Parkash have been suspended by this Court vide order dated 17.11.2015 (Annexure PA-1), it would be just and expedient to suspend the sentences of imprisonments of Bhola @ Jasbir (applicant/appellant in CRM No. 38547 of 2015 in CRA-D-405-DB of 2014) and Jacky alias Jai Kishan (applicant-appellant in CRM No. 3590 of 2016 in CRA-D-557-DB of 2014) as well during pendency of their respective appeals. 10. Accordingly, both the criminal miscellaneous applications are allowed and the sentences of imprisonments of Bhola alias Jasbir (applicant/appellant in CRM No. 38547 of 2015 in CRA-D-405-DB of 2014) and Jacky alias Jai Kishan (applicant-appellant in CRM No. 3590 of 2016 in CRA-D-557-DB of 2014), shall during pendency of their respective appeals remain suspended subject to their furnishing personal bonds and surety each to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Faridabad.