Criminal Misc. No. M-17771 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-17771 of 2009 Date of Decision:22.09.2009 Sharwan and another .....Petitioners Vs. State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Rakesh Nehra, Advocate for the petitioners. Mr. Atul Lakhanpal, Senior Advocate with Mr. Gaurav Bansal, Advocate for the complainant. Mr. Amit Kaushik, Assistant Advocate General, Haryana. **** HARBANS LAL, J. This petition has been moved by Sharwan as well as Satish seeking their regular bail in case FIR No.74 dated 8.4.2009 registered under Sections 148, 149, 285, 323, 341, 506, 307 IPC and 25 of Arms Act at Police Station Bhattu Kalan District Fatehabad. The facts in brief are that on 8.4.2009, Gaurav Bansal made statement before the police that I practice at Sirsa Courts. We own 9 acres of land at Bhattu Kalan in which we have sown Barley and Wheat crops. Yesterday, on 7.4.2009, in the morning, we along with some labourers had gone to our land for harvesting the wheat crop. My father Suresh Kumar and uncle Sushil Kumar also came there on their motor-cycles. My uncle's son Amit also came there with our meals. We had our meals and thereafter, Criminal Misc. No. M-17771 of 2009 -2- my father along with my uncle Sushil Kumar proceeded towards Bhattu Mandi on their motor-cycle being driven by my father. I along with Amit sat in my car and followed them. When my father's motor-cycle reached near the metalled road at about 12/12:30 P.M., suddenly Vijay Kumar, Shankar Lal, Raj Kumar, Krishan Kumar, Mahabir sons of Nathu Ram, Sunder, Desraj, Sharwan (referring to the petitioner) sons of Jagdish and wife of Jagdish, wife of Sharwan, Ravi son of Vijay Singh, Suresh, Ramesh sons of Raj Kumar, Chintu @ Sukhbir son of Shankar caste Nai, residents of Bhattu Kalan along with 4-5 other persons came there with lathies, dandas and jaillies. They came in front of the motor-cycle. All of them started giving beatings to my father Suresh Kumar and my uncle Sushil Kumar. They both fell down on the ground. When they lay fallen on the ground, they were given beatings. We stopped our car at some distance and raised an alarm after having alighted therefrom. Chintu and Sunder fired shots from the pistols in their respective hands and started saying that they had killed both these persons and if we tried to come near them, then they would shoot us. They would not spare anybody, if we appeared as witnesses in the cases already filed against them by us. Thereafter, the accused ran away from the spot along with the respective weapons towards the fields. On this statement, the case was registered. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Learned counsel for the petitioners submitted with a great eloquence that the petitioners are innocent persons. They have no connection whatsoever with the commission of the alleged offence. A Criminal Misc. No. M-17771 of 2009 -3- glance through the FIR would reveal that Satish Kumar – petitioner is not named therein, nor any role has been attributed to him. Sharwan – petitioner although is named in the FIR, but no specific injury has been attributed to him. Furthermore, no avert act is attributed to either petitioner. The complainant is practicing as an Advocate and that being so, he knows how to implicate the persons falsely. He has falsely implicated as many as 14 persons in the FIR by keeping a margin of 4-5 persons so that few names could be added later also. That during investigation, it was found that none of the accused were having any pistol, neither any pistol was used, nor shot was fired and sequelly, the offence punishable under Section 285 of IPC and 25 of Arms Act were deleted from the array of the offences. This clearly indicates that the FIR has been given a colourful version in order to increase the gravity of the offence. One of the accused persons, namely, Vijay Kumar has also received serious injuries on his head. This fact has not been disclosed by the complainant in the FIR. The petitioners are in custody for the last more than three months and investigation has already been completed. Challan has been presented in the Court. The trial is not likely to be concluded within a measurable distance of time. That being so, the petitioners may be released on bail. To overcome these submissions, the learned State Counsel being assisted by the learned counsel for the complainant maintained that a glance through the medico legal examination report of Suresh Kumar injured would reveal that he sustained as many as 21 injuries at the hands of the petitioners along-with others. Furthermore, this injured Suresh Kumar has sustained as many as six fractures and he remained in Intensive Care Criminal Misc. No. M-17771 of 2009 -4- Unit for one month. As regards Sushil Kumar injured, he also received number of injuries including three fractures at the hands of the petitioners and their co-accused. Only five accused have been arrested so far. Keeping in view the gravity of the offence, no case is made out for grant of bail to the petitioners. I have well considered the rival contentions. Suresh Kumar in his statement recorded under Section 161 of Cr.P.C has described Satish Kumar – petitioner as Jugti. It is in his such statement that Jugti as well as Anil started giving injuries on my head and other parts of the body. Thus palpably, he has arraigned Satish Kumar as accused in this statement. Doubtless that his name does not figure in the FIR. The explanation furnished by the State Counsel is that indeed at the time of occurrence, the name of this petitioner was not known to the complainant. Arguendo, the learned State Counsel pointed out that as a matter of fact, initially, the injured persons were removed to Civil Hospital, Battu and from there, they were referred to another Government Hospital due to lack of facilities available in Civil Hospital, Battu. The injuries on the bodies of the injured persons being of serious nature and the Government Hospital to which they were referred being at a distant place, they were taken to private hospital. As per the Medico-legal examination report of Suresh Kumar purportedly issued by Jindal Institute of Medical Care and Research, Hisar, as many as 21 injuries including 3 lacerated wounds of great dimensions were found on his body. In the C.T. Scan report of Suresh injured, it has been recorded that the hemorrhage was seen along with sulci and gyri in right parietal region. On a meticulous perusal of the medico legal examination report of Criminal Misc. No. M-17771 of 2009 -5- both the injured persons as well as other documents, it transpires that sufficient injuries were caused by the petitioners alongwith their co-accused with different weapons. Taking into consideration the cumulative facts and circumstances of the case, no case is made out for grant of bail to the petitioners. Sequelly, this petition is dismissed. September 22, 2009 ( HARBANS LAL ) renu JUDGE