Punjab-Haryana High Court
Ayub vs State Of Haryana on 17 November, 2009
Author: L.N. Mittal
Bench: L.N. Mittal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-21633 of 2009
Date of decision : November 17, 2009
Ayub
....Petitioner
versus
State of Haryana
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Bijender Dhankhar, Advocate, for the petitioner
Mr. Sidharth Sarup, AAG Haryana with
Mr. Karan Pathak, Advocate, for the complainant
L.N. Mittal, J. (Oral)
Ayub has filed this petition for bail in case FIR No. 22 dated 20.2.2008 under sections 302, 323, 148, 149 IPC and section 25 of Arms Act, Police Station Nagina, District Mewat.
I have heard learned counsel for the parties and perused the case file.
According to the prosecution version, the petitioner had purchased recharge card for his mobile phone from the complainant on 18.2.2008 and said that he would pay for the same after returning from another village. In the evening when the complainant asked for the money, the petitioner slapped the complainant. Next day, the petitioner and his co- accused attacked the complainant's brother and murdered him. The petitioner also inflicted lathi blow to the deceased. Criminal Misc. No. M-21633 of 2009 -2-
Learned counsel for the petitioner contended that only lathi blow is attributed to the petitioner but the attack was opened by the petitioner's co-accused Aayin Khan. However, without commenting anything on merits, it has to be noticed that the petitioner purchased recharge card from the complainant and did not pay for the same and when the complainant demanded the money, the petitioner slapped him. On next day, the petitioner along with others attacked the complainant's brother and murdered him. Injuries were also caused to the complainant and his wife.
In view of the aforesaid but without commenting anything on merits, the petitioner does not deserve the concession of bail.
Dismissed.
( L.N. Mittal )
November 17, 2009 Judge
'dalbir'