Criminal Misc. M.No.31252 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Misc. M. No.31252 of 2010 Date of Decision: November 08, 2010 Bhuru @ Irshad ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr. Sudhir Sharma,Advocate for the petitioner Mr.Satyavir Singh Yadav,Deputy Advocate General, Haryana * * * Sabina, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 112 dated 11.4.2010 under Sections 307/148/149/323 of Indian Penal Code registered at Police Station Punhana District Mewat under Section 25 of the Arms Act. The contents of the FIR, as reproduced in para 1 of the petition, reads as under:- " "Today, I, Inspector/SHO along with my companions am present in the police station. Sh. Mahendar Singh EASI, Police Station Punhana told me that on 9.4.2010 at about Criminal Misc. M.No.31252 of 2010 2 3/3.15 P.M. He was present in the police station. Some unknown person rang him up and informed that in village Paima Khera Road in between the houses of Sattar and Javed in the fields lying fallow, Jahir son of Makul Hassan, Shakul son of Kamruddin, Irfan son of Shaheed, Tehjib and Tofiq sons of Kamruddin, Imtiaz son of Jameel, Kamruddin son of Moz Khan, Caste Meo, residents of Paima Khera and with them several other persons belonging to the party of Jahir and Bhuru @ Irshad son of Imrat, Javed son of Iqbal, Rahul son of Javed, Imran son of Haroon, Aabid son of Ilias, Galib son of Hussan Mohammad, caste Meo, residents of Paima Khera with several persons of the party o Bhuru, on account of party faction and on account of old hostility pending between Bhuru and Jahir families and on that account both the parties were firing upon each other in order to kill. Upon which I reached the spot along with companions. At that time the crowd had already scattered and I came to know that the persons belonging to Jahir party, who had received pellet injuries had been removed to CHC, Punhana. I reached CHC, Punhana and found seven injured persons in the hospital, who were immediately referred after giving first aid to GH, Mandikhera by the doctor. The persons belonging to Jahir Party present in the hospital were enquired and tried to record their statements, however, all those persons refused to make statements, upon which on 10.4.2010 I along with Constable Satpal and HC Devi Singh reached GH, Mandikhera and moved application for getting the opinion as to whether injured Sakul, Jahir, Irfan, Tofiq, Criminal Misc. M.No.31252 of 2010 3 Tehjeeb, Imtiaz and Kamruddin, whose MLRs are Nos. SK/VS/RK/2010/84 to 90 in which as per MLRs of injured Sakul and Jahir, all the injuries are with fire arm. Irfan has received six injuries and all were kept under observation and advised X-ray. In the MLR of Mohammad Tehjeeb total five injuries have been recorded out of which injuries no.1,2,4 and 5 are by blunt weapon and injury no.3 was advised X-ray. In the MLR of Tofiq, injury no.1 was kept under observation and advised X-ray and injuries no.2 and 3 are found simple with blunt weapon. In the MLR of Imtiaz there are two injuries, No.1 kept under observation, with blunt weapon and injury no.2 was simple with blunt weapon. In the MLR of Kamruddin there is one injury with blunt weapon and advised X-ray. For obtaining their statements, application was moved to the doctor, on which injured Jahir and Sakul were found to have been referred to Safdarjung Hospital, Delhi and other injured were stated to be fit for making statements. However, when those injured were enquired into turn by turn, they refused to make statements. On this separate application was moved to the doctor, who after examining the injured given his opinion that all the injured are fit to make statements and they were refusing to make statements deliberately. Upon which I along with my companions reached Safdarjung Hospital and moved two applications to the doctor regarding fitness of Shakul and Jahir and the doctor declared them fit for statements. When I inquired from them to make statements then in the presence of the doctor they flatly refused to give statement and stated that when they will Criminal Misc. M.No.31252 of 2010 4 be cured then they will make statements. Then I reached back to the police station in the nigh and recorded a report in the DDR regarding these facts and now he had stated these facts before me and produced all the documents. The occurrence is of 9.4.2010, however, no information or ruqqa on behalf of any person of the party of Bhuru @ Irshad son of Imrat, is received, regarding their begin admitted in any hospital. Under these circumstances in view of the injuries recorded in MLR Nos. SK/VS/RK/2010/84 to MLR No.SK/VS/RK/2010/90 at present offences under sections 307,148,149,323 IPC and Arms Act are found to have been made out, therefore, FIR No.112 dated 11.4.2010 under sections 307,148,149,323 IPC and Arms Act was registered at Police Station, Punhana against Bhuru @ Irshad son of Imrat, Javed son of Iqbal, Rahul son of Javed, Imran son of Haroon, Aabid son of Ilias, Galib son of Hussan Mohammad and some other unknown persons residents of Paimakhera. I, Inspector/SHO along with EASI Mahender Singh No.8, HC Devi Singh No.89 and driver Ct. Rakesh Kumar No.843 in a Government vehicle, am leaving the police station for going to the spot. The FIR has been registered and the copies of the same are being sent to the Illaqa Magistrate and other Senior Officers. Sd/- Ajit Singh, Inspector/SHO, P.S. Punhana Dated 11.4.2010.” Learned counsel for the petitioner has submitted that it is a case of version and cross-version. No specific role has been attributed to the petitioner in the FIR. Learned State counsel, who is assisted by the counsel for the Criminal Misc. M.No.31252 of 2010 5 complainant, on the other hand, has submitted that the petitioner had, in fact, fired shots from his gun which has hit Jahir, Shakul, Irfan and Kamruddin. No cross version has been registered by the Police in this case. Petitioner is required for custodial interrogation. After hearing the learned counsel for the parties, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out. The allegations levelled against the petitioner are serious in nature. During investigation, statements of the witnesses were recorded and it transpired that the petitioner had fired shots at the complainant party which resulted injuries on the persons of Jahir, Shakul, Irfan and Kamruddin. Dismissed. (Sabina) Judge November 08, 2010 arya