Cr.Misc. NO. M 4341 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 4341 of 2009
DATE OF DECISION 19.5.2009
Arun
......PETITIONER
VERSUS
State of Haryana .
......RESPONDENTS
PRESENT: Mr. RS Chauhan, Advocate
Mr. SS Goripuria, DAG, Hry
M.M.S.BEDI,J.
The petitioner is alleged to be a member of an unlawful
assembly, which had attacked Ram Phal with different weapons, resulting
in his death as per the case lodged at the instance of his brother Multan
Singh complainant. The petitioner is alleged to have inflicted a lathi blow on
the person of the deceased.
Learned counsel for the petitioner has submitted that the
petitioner is a young man of 19 years of age and is a student having been
falsely implicated in the case.
I have heard learned counsel for the petitioner and gone
through the nature of the allegations against the petitioner that he had
attacked deceased Ram Phal with a lathi. Learned counsel for the
petitioner submits that a lathi has been planted in this case, which is not
good enough to cause the injury on the person of the deceased.
In view of the specific part having been attributed to the
petitioner and he being a member of an unlawful assembly, whose liability
is conjoined with the other accused, it will not be appropriate to grant the
Cr.Misc. NO. M 4341 of 2009 2
concession of bail to the petitioner.
Without expression of any opinion on the facts and
circumstances of the case, the petition is dismissed.
Anything said in the order will not prejudice the right of the
petitioner during trial. A direction is issued that the trial court will
expeditiously dispose of the trial as 29 witnesses seem to have been cited
by the prosecution agency.
May 19 ,2009 ( M.M.S.BEDI ) TSM JUDGE