IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 32748 of 2008
DATE OF DECISION : 25.2.2009
Sakir @ Kala
......PETITIONER
VERSUS
State of Haryana.
......RESPONDENTS
PRESENT: Mr.Sunil Panwar, Advocate
Mr. SS Goripruia, DAG, Hry
M.M.S.BEDI,J.
The petitioner seeks the concession of regular bail in a case
registered at the instance of ASI Prabhu Dayal alleging that when a police
party headed by him was present along with Anti Cow Slaughter Staff,
District Mewat at a naka held on Khod Basai road , two dumpers came
from the side of Ghuspethi road loaded with cows. One dumper was being
driven by Naseem, in which his brother Zuber and the petitioner were
present where as the other dumper was being driven by the brother of
Sariff and two other persons were present. Naseem is alleged to have
intentionally hit the dumper with Constable Satbir Singh and ran over him.
So far as the petitioner is concerned, the part attributed to him is that he
had instigated Naseem to run over Constable Satbir Singh along with
others. Constable Satbir Singh no doubt subsequently died of the injuries
but the others, who had instigated Naseem, cannot at this stage be said to
have shared a common intention. It will be established during trial whether
the petitioner, who himself was not driving the vehicle had actually
instigated Naseem to kill Constable Satbir Singh.
Without expression of any opinion on merits of the case, it is
sufficient to observe that the petitioner has been in custody since
10.2.2007 and can be granted the concession of bail.
The petition is allowed and the petitioner is ordered to be
released on bail on furnishing bail bonds/surety bonds to the satisfaction of
the trial Court.
February 25 ,2009 ( M.M.S.BEDI ) TSM JUDGE