High Court Punjab-Haryana High Court

Kaptan And Another vs State Of Haryana on 16 July, 2009

Punjab-Haryana High Court
Kaptan And Another vs State Of Haryana on 16 July, 2009
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH




                         Criminal Misc. No. M-10332 of 2009
                         Date of decision : July 16, 2009


Kaptan and another                          ....Petitioners
                         versus

State of Haryana
                                            ....Respondent


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


Present :    Mr. RS Bains, Advocate, for the petitioners

             Mr. Sidharth Sarup, AAG Haryana with
             Mr. AB Dalal, Advocate, for the complainant


L.N. Mittal, J. (Oral)

Kaptan and Nanha alias Shri Bhagwan have filed this petition

for bail in case FIR No. 142 dated 19.5.2008, under sections 307 read with

section 34 IPC and section 25 of Arms Act, Police Station Sadar

Bahadurgarh, District Jhajjar.

I have heard learned counsel for the parties and perused the

case file.

According to the prosecution version, on 15.5.2008 at 8.15 PM,

on the instigation of Nanha alias Shri Bhagwan, Kaptan petitioner no. 1

fired at complainant Rohtas causing him injury.

Learned counsel for the petitioners contended that the only

allegation against Nanha alias Shri Bhagwan is that he had instigated the co-

accused Kaptan to fire at the complainant. It is also stated that Nanha

alias Shri Bhagwan is in custody since 26.6.2008 i.e. for more than a year.
Criminal Misc. No. M-10332 of 2009 -2-

As regards Kaptan, it is argued that he was in custody in some

other case at Meerut at the time of occurrence. However, learned State

counsel and learned counsel for the complainant submit that the remand

sheet of the Meerut case reveals that the petitioner was remanded to judicial

custody on 15.5.2008 to 29.5.2008 but this does not rule out petitioner no.

1 being released on bail on 15.5.2008 after the remand order was passed. It

is also contended by learned counsel for the complainant that the person

who appeared as accused in Meerut case was different from petitioner no. 1,

accused in the instant case. It is also contended that bullet is still embedded

in the body of the complainant. It is further submitted that only two

witnesses remained to be examined.

Keeping in view all the circumstances but without meaning to

express any opinion on the merits, petitioner no. 1 Kaptan does not deserve

the concession of bail and bail petition on behalf of petitioner no. 1 is

dismissed. However, bail petition on behalf of petitioner no. 2 is allowed.

Bail to the satisfaction of learned Chief Judicial Magistrate/Duty

Magistrate, Jhajjar.


                                                       ( L.N. Mittal )
July 16, 2009                                               Judge
   'dalbir'