IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc M- 5205 of 2009
Date of decision: 26.3.2009
Sanjay ...Petitioner
Versus
State of Haryana ...Respondent
Present: Mr Rajbir Sehrawat, Advocate for the petitioner.
Mr Hemanshu Raj, AAG Haryana.
S.S.SARON, J.
Heard counsel for the parties.
The petitioner seeks regular bail pending trial. The FIR in the
case has been registered on the statement of Parvinder who has alleged that
Mohit (petitioner) and Amit (non-petitioner) had caused him injuries on
his back. Besides, when Virender – brother of the complainant came out,
they caused injuries on his head and chest.
Learned counsel for the petitioner has submitted that Mohit has
not been identified to be Sanjay – petitioner. However, learned counsel for
the State has read out the deposition of Parvinder who appeared as PW1. In
his deposition recorded on 24.11.2008, it has been stated that Sanjay @
Mohit (petitioner) along with others came in front of the house of the
complainant. Vikram raised a Lalkara to open the door of his house.
Parvinder opened the door and saw that accused – Vikram had a wooden
Danda in his hand. Sanjay and another person whose name he did not
Cr Misc M-5205 of 2009 2
remember, were carrying iron rods. Sanjay @ Mohit, it is stated, gave an
iron rod blow on the back of Parvinder. As soon as the brother of Parviner
namely Virender came for his rescue, the abovenamed accused i.e. Vikram,
Amit and Sanjay @ Mohit also caused injuries on his head and other parts
of his body with their respective weapons.
The petitioner, therefore, is named as one of the persons who
had caused injuries on the person of Virender (deceased). It may be noticed
that the statement of Parvinder (PW1) was recorded on 24.11.2008 and
thereafter all witnesses except 3 remain to be examined and the case is fixed
for trial on 10.4.2009.
In the circumstances, the trial is going on and it is not a case
for release of the petitioner on bail. This criminal misc petition is
accordingly dismissed.
The learned trial Court shall, however, conclude the trial in the
case as expeditiously as possible.
26.3.2009 ( S.S.SARON ) ASR Judge