Manoj vs State Of Haryana on 9 November, 2009

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH




                         Criminal Misc. No. M-20601 of 2009
                         Date of decision : November 09, 2009


Manoj
                                            ....Petitioner
                         versus

State of Haryana
                                            ....Respondent


Coram:       Hon'ble Mr. Justice L.N. Mittal


Present :    Mr. Vikrant Pamboo, Advocate, for the petitioner

             Mr. Sidharth Sarup, AAG Haryana


L.N. Mittal, J. (Oral)

Manoj has filed this petition for bail in case FIR No. 470 dated

20.9.2008 under sections 148, 149, 224, 225, 307, 332, 353, 511, 120-B,

126 IPC and section 25 of Arms Act, Police Station City Ballabgarh,

District Faridabad.

I have heard learned counsel for the parties and perused the

case file.

Learned counsel for the petitioner contended that the

petitioner’s co-accused Dinesh has since been granted bail and the petitioner

is on parity with said Dinesh.

Learned State counsel, on instructions from ASI Subhash

Chander, did not controvert the aforesaid factual position but contended

that co-accused Aditya has stated before the police that the shot was fired
Criminal Misc. No. M-20601 of 2009 -2-

by Manoj petitioner. Learned counsel for the petitioner, however,

contended that statement made by co-accused Aditya in custody to the

police cannot be used as evidence. Learned State counsel, on instructions

stated that no witness during investigation has specifically stated as to

which accused had fired the shot.

Although case is of serious nature as the petitioner and his co-

accused tried to rescue petitioner’s brother Aditya from police escort party

while Aditya was in custody and was being escorted back to jail after being

produced in court and in the occurrence SI Onkar Singh suffered fire arm

injuries including wound at the base of neck/on left shoulder, yet keeping in

view the fact that petitioner’s co-accused Dinesh is also brother of Aditya

sought to be rescued but could not be rescued, has been granted bail and the

petitioner is on parity with Dinesh, the instant bail petition is allowed.

Bail to the satisfaction of learned Chief Judicial Magistrate/Duty

Magistrate, Faridabad.

                                                      ( L.N. Mittal )
November 09, 2009                                          Judge
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