Criminal Misc. No. M-3399 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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Criminal Misc. No. M-3399 of 2009
Date of Decision:21.07.2009
Sandeep
.....Petitioner
Vs.
State of Haryana
.....Respondent
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:- Mr. Deepak Gupta, Advocate for the petitioner.
Mr. Amit Kaushik, Assistant Advocate General, Haryana.
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HARBANS LAL, J.
This petition has been moved by Sandeep under Section 439 of
Cr.P.C seeking his regular bail in case FIR No.89 dated 13.6.2007
registered under Sections 302/323/34 IPC at Police Station Israna, District
Panipat.
The facts in brief are that this case was registered on the basis
of the statement of Rajesh in the terms that today (referring to 13.6.2007) in
the afternoon, my brother had gone to the tubewell for taking bath near
canal fields and earlier in the morning, I was irrigating my fields with the
water of canal. Pardeep and Jaideep had a talk with me. On this, I came
back to my home. Due to this revenge, Sandeep (referring to the petitioner)
and Pardeep had beaten up Rakesh who came back to the house and told us
about this episode. In the same evening at about 5:00/ 6:00 P.M., Dilbag
armed with lathi, Jaideep holding a jelly, Sandeep (petitioner) armed with
lathi and Pardeep came in front of our house. Dilbag raised a lalkara and
Criminal Misc. No. M-3399 of 2009 -2-
said come out from the house and he will teach a lesson for irrigating the
fields with water and by saying so, Jaideep who was having a jelly in his
hand gave a blow on the left side of the chest of my father Raghbir Singh
who was smoking Hukka by sitting near the door. I and my brother Rakesh
immediately ran to save him. Then Jaideep gave a jelly blow to my brother
Rakesh. Sandeep and Pardeep gave lathi blows on the back and my arms.
After receipt of injuries, my father had fallen down. My father succumbed
to the injuries outside the Civil Hospital, Panipat.
The learned State Counsel urged with great vehemence that the
prosecution has concluded its evidence and the trial has been fixed for
examining the accused under Section 313 of Cr.P.C and that being so, no
case is made out for admitting bail to the petitioner. As against this, the
learned counsel for the petitioner submitted that the petitioner being in
custody since long may be released on bail.
In view of the submission made by the learned State Counsel,
no case is made out for bestowing the concession of bail upon the petitioner.
Consequently, this petition is dismissed.
July 21, 2009 ( HARBANS LAL ) renu JUDGE