Punjab-Haryana High Court
Ashim vs State Of Haryana on 25 February, 2015
Author: Sabina
Bench: Sabina
CRM-M-6208 of 2015 1
CRM-M-6220 of 2015
102
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: February 25, 2015
CRM-M-6208 of 2015
Ashim
.......Petitioner
Versus
State of Haryana
.....Respondent
CRM-M-6220 of 2015 Jahid .......Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Kunal Dawar, Advocate for the petitioner (in CRM-M-6208 of 2015).
Mr. Shiv Kumar, Advocate for the petitioner (in CRM-M-6220 of 2015). SABINA, J Vide this order above mentioned two petitions would be disposed of as petitioners have sought anticipatory bail in FIR No.397 dated 18.10.2014, under Sections 148, 149, 323, 325, 279, 337, 506, 34 of Indian Penal Code, 1860 ('IPC' for short) and Sections 307, 338 IPC added later on), registered at Police Station Sector-55, Faridabad.
Prosecution story in brief is that on 13.10.2014 at about 8:30 AM, complainant Mohammad Isaq and his wife Munni and nephew Ayub Khan were sitting on a cot and were MAHAVIR SINGH 2015.02.26 16:10 I attest to the accuracy and authenticity of this document Chandigarh CRM-M-6208 of 2015 2 CRM-M-6220 of 2015 talking to each other. In the meantime, Hamid came on a motorcycle and struck the same against their cot. As a result of this, Munni fell down and suffered injuries on her hand. Motorcycle riders also fell from the motorcycle. They picked up those two boys and made them sit on the cot. In the meantime, someone informed at the resident of the said boys that Mohammad Isaq and his brother were beating their sons Hamid and Mausim. Thereafter, Zahid, Hafiz, Satara, Illi, Jaan Mohammad @ Jaani, Gaffar, Mainuddin, Iklas came to the house of the complainant and started quarelling with them. During this fight, Ayub Khan suffered injuries on his head, right hand and Neck. Wife of the complainant suffered injuries on both thighs, ribs and hand, whereas, Aas Mohammad suffered injuries on his left hand. Then, Ali Mohammad, Raju and Mustaq came to the spot and rescued complainant party.
Learned counsel for the petitioner-Ashim has submitted that said petitioner was named as Ishak in the FIR and no specific role has been attributed to him.
Learned counsel for the petitioner-Jahid has submitted that the said petitioner had been falsely involved in this case due to civil litigation pending between the parties.
In the present case, allegations levelled against the petitioners are serious in nature. Petitioners and their co- accused had attacked the complainant party, which resulted MAHAVIR SINGH 2015.02.26 16:10 I attest to the accuracy and authenticity of this document Chandigarh CRM-M-6208 of 2015 3 CRM-M-6220 of 2015 in injuries to Ayub Khan, Aas Mohammad and Munni. As per the medical opinion, injury on the person of Ayub Khan has been declared dangerous to life. Petitioners might be required for custodial interrogation.
Hence, no ground for grant of anticipatory bail to the petitioners, is made out.
Dismissed.
(SABINA) JUDGE February 25, 2015 m.singh MAHAVIR SINGH 2015.02.26 16:10 I attest to the accuracy and authenticity of this document Chandigarh