CRM-M- No. 13246 of 2011 , CRM-M- No.13251 of 2011 & CRM-M- No.13841 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : May 6, 2011 CRM-M- No. 13246 of 2011 Bhajan Lal ...... Petitioner Versus State of Haryana ...... Respondent CRM-M- No. 13251 of 2011 Mahabir ...... Petitioner Versus State of Haryana ...... Respondent CRM-M- No. 13841 of 2011 Sandeep ...... Petitioner Versus State of Haryana ...... Respondent **** CORAM : HON'BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present : Mr. R.A. Sheron, Advocate, for the petitioner(s). **** Alok Singh, J (Oral) This order of mine shall dispose all the above mentioned bail applications bearing CRM-M- No.13246 of 2011, CRM-M- No.13251 of CRM-M- No. 13246 of 2011 , CRM-M- No.13251 of 2011 & CRM-M- No.13841 of 2011 2 2011 and CRM-M- No.13841 of 2011 since they out of the same incident and same FIR. However, for the disposal of all these petitions the facts are being extracted from CRM-M- No.13246 of 2011. Petitioners have filed the present application seeking regular bail in FIR No.117 dated 20.3.2010, under Sections 147,148,149,323,458,459,302 of Indian Penal Code, registered at Police Station Sadar Bhiwani, District Bhiwani. Petitioners are facing trial for an offence punishable under Sections 147,148,149,323,458,459,302 of Indian Penal Code. Undisputedly all the material witnesses have already been examined. Record reveals that complainant along with Maya (mother), Sandeep (brother) and Manjeet (wife of Sandeep) were present at their house; Rajbir armed with an iron rod, Ram Avtar armed with a sword, Lila armed with jaili, Mahabir armed with a lathi, Ashok armed with an iron rod, Pardeep alias Pappu armed with gandasi, Pawan armed with lathi, Mainpal alias Desh Ram armed with a cycle chain, Mosam armed with kulahari and Bhajan Lal armed with a lathi and son of Tulsi armed with iron rod and 2-3 other persons who can be identified later broke the door of their house and forcibly entered; Ram Avtar gave a sword blow on the neck of Sandeep, Pardeep alias Pappu gave a gandasi blow on right ear of Sandeep, Rajbir gave a blow with an iron rod on his left foot, Mosam gave an axe blow on his right foot and all the other assailants also gave injuries to him. When his mother Maya tried to rescue Sandeep, the accused also inflicted injuries on her body; Umed Singh and Mal Singh also intervened and tried to rescue the deceased Sandeep, however, they were also inflicted injuries by the accused persons. Sandeep was thereafter taken to the hospital where he was declared dead. CRM-M- No. 13246 of 2011 , CRM-M- No.13251 of 2011 & CRM-M- No.13841 of 2011 3 Hon’ble Apex Court in the matter of Ramesh and others vs. State of Haryana reported in 2011(1) R.C.R. (Criminal) 259 has held if accused is proved to be a member of unlawful assembly sharing common object he can be convicted with the help of Section 149 Cr.P.C. Presence of accused persons has been specifically stated in the FIR as well as in the statements of the witnesses made before the Court. Without expressing any opinion on the merits of the cases, considering the gravity of offence, I do not find it to be a fit case where accused persons are entitled to be enlarged on bail. Dismissed. A copy of this order be placed on the files of connected cases. (Alok Singh) Judge May 6, 2011 Anand