IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-34608 of 2009
Date of decision : 15.12.2009
Risi Pal @ Neetu
.... Petitioner
Versus
State of Haryana
.... Respondent
Present: Mr. A.K. Rathee, Advocate for the petitioner.
Mr. Rajeev K. Takkar, Addl. A.G., Haryana.
****
S.S. SARON, J.
Heard counsel for the parties.
The petitioner seeks pre-arrest bail in case FIR No.218
dated 7.11.2009 registered against him for the offences under
Sections 452, 307 IPC; besides, Section 25 of the Arms Act at Police
Station Lakhan Majra, District Rohtak.
The FIR in the case has been registered on the complaint
of Mukesh who is the elder brother of the petitioner. It has been
alleged by the complainant Mukesh that he is living separately from
his younger brother Risi Pal @ Neetu (petitioner) for the last 2-3
years. They are not having cordial relations due to dispute regarding
the partition of land and house. About four years back, the petitioner
had shot the complainant but being younger brother, he forgave him.
On 7.11.2009, the petitioner came to the house of the complainant at
about 7.00 am and asked his mother to handover the ration card. The
Crl. Misc. No. M-34608 of 2009 [2]
mother of the complainant told him that the same had been lost. The
petitioner started beating her. Then wife of the complainant saved
her but the petitioner hurled bricks on the stationary car that was
parked there. On hearing noise, the complainant reached at the gate
of ‘baithak’ (common sitting place) of his house and asked his brother
(petitioner) why he was fighting. The petitioner stated that the
complainant had grabbed the compensation of the acquired land so he
would not spare him. He took out his country made pistol from his
person and fired upon the complainant in order to kill him but he
saved himself. The complainant also brought his licensed revolver
from his house and in defence, fired three times in the air. The
petitioner then ran away leaving his country-made pistol in the street.
Being brothers, the family members forbid the complainant to go to
the Police Station, but the petitioner had not come despite the fact
that the member of the family had called him.
Learned counsel for the petitioner has submitted that the
petitioner has joined the investigation and the country made pistol
was recovered from the street itself.
In response, learned State counsel has submitted that
though the country made pistol has been recovered, however, the
police is to ascertain as to from where did the petitioner purchase the
country made pistol. Besides, it is submitted that earlier also the
petitioner had fired upon his brother. However, the complainant did
not report the matter being brothers.
After giving my thoughtful consideration to the matter,
the present is a case where the petitioner had gone to the house of his
brother (complainant) and there are allegations that the petitioner beat
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his mother and also hurled bricks on the stationary car that was
parked there. When the complainant came and asked the petitioner as
to why he had created a scene, he then took out his country made
pistol and fired on him. Besides, there are allegations that earlier also
the petitioner had fired upon his brother.
Keeping in view the facts and circumstances, no ground
for grant of pre-arrest bail is made out.
Consequently, the Crl. Misc. petition is dismissed.
The petitioner in case he surrenders before the Police
within two days from the receipt of copy of this order, his application
for regular bail shall be considered by the concerned Court of
competent jurisdiction within five days thereafter.
(S.S. SARON)
JUDGE
December 14, 2009
amit