Punjab-Haryana High Court
Nikhil vs State Of Haryana on 28 September, 2018
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
(1) CRM-M-38477-2018 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-38477-2018 (O&M)
Date of Decision:-28.9.2018
Nikhil ... Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Shilak Ram Hooda, Advocate for the petitioner.
Mr. Navdeep Singh, Assistant Advocate General, Haryana.
*****
GURVINDER SINGH GILL, J.(Oral)
The petitioner seeks grant of anticipatory bail in respect of FIR No.551 dated 12.11.2017 under Sections 148, 149, 323, 440, 452, 307, 506, 458 of Indian Penal Code, 1860 and Sections 25, 54 and 59 of Arms Act, Police Station Sadar Ballabgarh.
The FIR was lodged at the instance of Ravinder wherein he alleged that on the day of occurrence the accused entered their house carrying sticks, iron rods and started hurling abuses and ransacked their house. It is alleged that Jagbir @ Pappu and Mohit fired shots from the pistols which they were holding but the shots crossed over the head of the complainant and he was saved. It is alleged that when complainant's uncle Gyan Chand tried to reason-out with the assailants then Bhagwan Singh exhorted that the complainant and others should be finished, upon which Satbir, Satpal and Naveen gave beatings to his uncle with sticks. It is alleged that Naveen gave a blow with 'Sariya' on the left hand of the complainant and Gajna inflicted injuries to Suman wife of the complainant with stones 1 of 2 ::: Downloaded on - 07-10-2018 13:06:56 ::: (2) CRM-M-38477-2018 (O&M) and bricks. It is further alleged that Nikhil (petitioner) inflicted several injuries to Deepak and Satish.
Notice of this petition was issued to the State.
Learned State counsel has informed that out of 9 accused 5 have been granted regular bail while 2 have been granted anticipatory bail. It has further been informed that a pistol has been recovered from co-accused Pappu. Learned State counsel has further informed that injuries found on the person of members of complainant party were found to be simple in nature and no injury was found to have been caused by fire-arm. The learned State counsel has submitted that the petitioner has since joined investigation.
Having regard to the facts and circumstances of the case and bearing in mind that the petitioner is stated to be a young-man of 19 years, in my opinion, it is a fit case where the concession of bail can be extended to be petitioner. The petition as such, is accepted and the interim directions issued by this Court vide order dated 5.9.2018 are hereby made absolute subject to the condition that the petitioner shall appear before the Investigating Officer as and when directed.
This present petition stands accepted accordingly.
28.9.2018 (Gurvinder Singh Gill)
pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
2 of 2
::: Downloaded on - 07-10-2018 13:06:56 :::