IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-2095 of 2010 Date of decision : 26.3.2010 Pardeep @ Pintu …. Petitioner Versus State of Haryana …. Respondent Present: Mr. N.S. Shekhawat, Advocate for the petitioner. Mr. Vikas Malik, AAG, Haryana. Mr. Gaurav Mohunta, Advocate for the complainant. *** S.S. SARON, J The petitioner seeks regular bail in a case registered against him on 21.11.2008 for the offences under Sections 302, 449, 323, 148/149 IPC and Section 25 of the Arms Act. The FIR in the case has been registered on the complaint of Ashok Kumar. It is alleged by the complainant Ashok Kumar that on 19.11.2008 at about 10.00 a.m. in the morning his younger brother Mahesh Kumar was at the barber shop in front of the house of Shyam Singh and getting his beard shaved. In the meantime, Shyam Singh called Mahesh Kumar, younger brother of the complainant and said that he did not pay him regards and that did he not know that he (Shyam Singh) was the ‘Badmash’ of the area. On this an altercation ensued between them and Shyam Singh CRM No. M-2095 of 2010 [2] and his younger brother namely Suresh @ Kalia and photographer Pardeep Soni @ Pintu (petitioner) and Kapil Soni gave a beating to Mahesh Kumar. On 21.11.2008 i.e. the date of registration of FIR, Kapil Soni was in the vicinity of the house of the complainant. The father of the complainant Ashok Kumar asked him as to why they had beaten his son. On this Kapil Soni went away. The complainant Ashok Kumar and his father Bhagwan Dass and his friend Parkash and paternal uncle’s daughter namely Rajesh Devi were sitting in their ‘Baithak’ at about 12.30 p.m. in the day. Then Shyam, his younger brother Suresh, Kapil Soni, Pardeep @ Pintu (petitioner) and another person whose name was not known came there. Shyam had a pistol in his hand. In the meantime, Shyam’s mother namely Krishna also came following them, who said that one should not pick up quarrels. Meanwhile, Shyam came with a pistol in his hand in their ‘baithak’ and while entering opened fire. One bullet hit Bhagwan Dass, father of the complainant, in his chest and the other hit Parkash, the friend of the complainant, in his chest. One bullet hit Rajesh Devi, sister of the complainant, on her right hand. Shyam fired three shots at the complainant and his family from his licensed pistol, however they escaped. When the bullets finished, they started beating the complainant and gave him fist blows and kicked him. On this the complainant raised a hue and cry of ‘mar dia mar dia’ and the people from the Mohalla gathered at the spot. On seeing them, the assailants fled away. The complainant had also dealt them with blows in their self-defence. They were taken to General Hospital, Rewari for treatment by Basant Tempovala, but on the way Bhagwan Dass, father of the complainant and Parkash, friend of the complainant died due to bullet injury. When they reached General Hospital, Rewari, they were declared dead by the doctors. It is alleged that Pardeep Soni @ Pintu CRM No. M-2095 of 2010 [3] (petitioner) along with others had entered their house with their common intention and had fired from his pistol. The names of the petitioner is mentioned in the FIR as part of the members of the gang which had entered the house of the complainant. On account of firing by the main accused namely Shyam Singh, two persons died in the incident. The contention of the learned counsel for the petitioner that the petitioner is not attributed any injury would require consideration as his involvement is with the aid of Section 149 IPC. The other contention of the learned counsel for the petitioner that Gagan @ Gudu has been granted anticipatory bail by the Hon’ble Supreme Court vide order dated 31.7.2009 (Annexure P4) is also not of much consequence as said Gagan @ Gudu is not named in the FIR. The petitioner is specifically named in the FIR. The case relates to the death of two persons. It may be noticed that there are fire-arm injuries on the person of Rajesh Devi also. The petitioner is one of the accused who had beaten Mahesh Kumar, younger brother of the complainant on 19.11.2008. Even thereafter he along with others on 21.11.2008 had gone to the house of the accused. Pardeep @ Pintu (petitioner) along with other had caused fist blows and kicked Ashok Kumar complainant and his family members. The trial in the case is going one. In the facts and circumstances, no ground for grant of regular bail is made out and the Crl. Misc. petition is dismissed. (S.S. SARON) JUDGE 26.3.2010 amit