Punjab-Haryana High Court
Deshpal vs State Of Haryana on 29 March, 2011
Author: S.S. Saron
Bench: S.S. Saron
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-7767 of 2011
Date of decision: 29.3.2011
Deshpal
.... Petitioner
Versus
State of Haryana
.... Respondent
Present: Mr. Deepak Sharma, Advocate for the petitioner.
Mr. G.S. Sandhu, AAG, Haryana.
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S.S. SARON, J.
Heard counsel for the parties.
The petitioner seeks pre-arrest bail in a case registered against him on 24.1.2011 for the offences under Sections 148, 149, 323, 325, 307, 341 and 506 IPC.
The FIR in the case has been registered on the statement of Jaswinder son of Karan Singh. In the incident that occurred on 23.1.2011, the petitioner and Sandeep son of Rajpal were standing on the right side of the complainant Jaswinder and they along with Partap were riding the motorcycle with lathis, kicked the complainant from the right side. The complainant along with Partap fell down from the motorcycle on the left side of the road and due to fall on the road, his (complainant's) left arm got fractured from below the elbow. Partap due to the injuries became unconscious at the spot.
Learned counsel for the petitioner has contended that the petitioner is not attributed the injury for the offence under Section 307 IPC which is attracted on account of the injury received by one Partap. Besides, it is submitted that the petitioner has been implicated due to party faction as previously CRM No. M-7767 of 2011 [2] the father of the complainant contested the election of MLA, but the petitioner was supporter of the opposite candidate. The father of the complainant lost the election and since then, the complainant side is having a grudge against the petitioner. It is submitted that there is also a delay of one day in registration of FIR.
In response, learned State counsel has submitted that it is mentioned in the FIR that the petitioner had kicked the complainant and he fell down from his motorcycle and fractured his left arm from below the elbow. Therefore, the petitioner is very much involved in the occurrence. Besides, his custody is required for the purposes of investigations also.
After giving my thoughtful consideration to the matter, it may be noticed that in the incident that occurred on 23.1.2011, the petitioner and Sandeep son of Rajpal who were standing on the right side of the complainant Jaswinder with lathis, kicked the complainant from the right side. The complainant then fell down from the motorcycle on the left side of the road and due to fall on the road, his left arm got fractured from below the elbow. Therefore, the petitioner was present at the time of the incident along with other co-accused; besides, the kick given by him along with Sandeep to the complainant has resulted in fracture.
In the circumstances, no ground for grant of pre- arrest bail is made out.
The Crl. Misc. petition is, accordingly, dismissed.
(S.S. SARON)
March 29, 2011 JUDGE
amit