IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-9175 of 2009 and
Criminal Misc. No. M-15986 of 2009
Date of decision : July 08, 2009
Anoop
....Petitioner
versus
State of Haryana
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Deepak Gupta, Advocate for petitioner Anoop
Mr. SPS Sidhu, Advocate for petitioner Manoj
Mr. Sidharth Sarup, AAG Haryana
L.N. Mittal, J. (Oral)
By this common order, I am disposing two bail petitions i.e.
Criminal Misc. No. M-9175 of 2009 filed by Anoop and Criminal Misc. No.
M-15986 of 2009, both in case FIR No. 227 dated 1.6.2008 under sections
302,325,506,148,149,109 IPC and section 25 of the Arms Act.
According to the prosecution version, both the petitioners
armed with rifles, co-accused Happy also armed with rifle, Randeep armed
with pistol, Vikas armed with gun, Vishal armed with country made pistol
and Mohan armed with gandasi along with 6/7 more persons attacked
complainant party in an effort to grab the plot of complainant party. Happy
fired from his rifle killing Surinder. Randeep fired from his pistol causing
Criminal Misc. No. M-9175 of 2009 and
Criminal Misc. No. M-15986 of 2009 -2-
fire arm injury to Basay Ram. Mohan inflicted gandasi blows to Mukesh.
Complainant Sher Singh was caused injuries by 2/3 boys who were
companions of the accused. Petitioners and some of their co-accused also
fired in the air to scare away the complainant party.
Learned counsel for the petitioners vehemently contended that
no fire arm has been recovered from the petitioners. However, this is not a
ground for releasing the petitioners on bail when so many persons heavily
armed with fire arms committed murder of one person and caused fire arm
injuries to one more person and also inflicted injuries to other persons in
order to grab the plot of the complainant party. The petitioners had no
business to be there at the plot in question because they do not claim any
right, title or interest in the said plot. It is, thus, apparent that plot was
sought to be grabbed and in that process, murder was committed.
In view of the aforesaid but without meaning to express any
opinion on the merits, I do not find it to be a fit case for releasing the
petitioners on bail. Both the bail petitions are accordingly dismissed.
( L.N. Mittal )
July 08, 2009 Judge
'dalbir'