Punjab-Haryana High Court
Sandeep vs State Of Haryana on 18 December, 2012
Author: K. C. Puri
Bench: K. C. Puri
CRM NO. M-36034 OF 2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM NO. M-36034 OF 2012 (O&M)
DECIDED ON : 18.12.2012
Sandeep
...Petitioner
versus
State of Haryana
...Repsondent
A N D
CRM NO. M-37477 OF 2012 (O&M)
Hanuman
...Petitioner
versus
State of Haryana
...Respondent
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Mr. Rajesh Sheoran, Advocate,
for the petitioner in
CRM No. M-36034 of 2012.
Mr. Y. P. Singh, Advocate,
for the petitioner in
CRM No. M-37477 of 2012.
Mr. P. M. Anand, Additional AG, Haryana.
K. C. PURI, J. (ORAL)
Vide this common order, I intend to dispose of two petitions bearing Crl. Misc. No. M-36034 of 2012 titled as, "Sandeep vs. State of Haryana" and Crl. Misc. No. M-37477 of 2012 titled as, "Hanuman vs. State of Haryana", as both have arisen out of the same FIR.
CRM NO. M-36034 OF 2012 (O&M) -2-
As per allegations of the FIR, the law was set in motion by recording the statement of Mukesh son of Krishan who has stated that he is working as a labourer. Kapil Sharma son of Prem Sharma purchased a land on Jhumpa road at Behal and started making plots and shops on this land and started raising construction. On the day of occurrence, he along with Viney Tiwari son of Roop Chand were doing the work of levelling the earth. Dinesh son of Vasant Tiwari and Lalit son of Ashok Tiwari were supervising their work. At about 12:00/12:30 P.M, one Balero vehicle bearing registration No. HR-46-3470 being driven by Sandeep came there. The vehicle was stopped. Sandeep and Hanuman (both the petitioners) armed with lathies, Vinod @ Sonu armed with danda, Pyare Lal and Ram Chander both sons of Gulzari sunar armed with lathies, Naveen son of Parmanand armed with danda and Rinku armed with rod stepped down from the vehicle. After discussing with each other, with a common intention to encroach upon the plot, they told the petitioners to stop the work and run away from the plot, when they objected, Hanuman gave lathi blow on the head of Viney whereas Vinod gave danda blow on the left shoulder of Viney, Naveen gave danda blow on the back of Viney and Rinku gave a rod blow on the back of complainant and Pyare Lal and Ram Chander also gave lathi blows on the body of complainant. 3-4 other persons also gave fist and kick blows to the complainant and Viney. CRM NO. M-36034 OF 2012 (O&M) -3- Thereafter they said that they would not agree like this and they should be caused to death by running over the vehicle on both of them. Thereafter, Sandeep started the vehicle with a motive to cause death and hit the complainant and Viney directly with the vehicle, due to which the complainant and Viney fell down. Thereafter, Sandeep reversed the vehicle with a high speed and with an intention to kill, hit the complainant and Viney again and the front tyre of the vehicle ran over the right hand of complainant. Sandeep again turned the vehicle in a high speed and hit Viney with an intention to kill him. Then Viney raised alarm Bachao Bachao. After hearing the noise, Dinesh Tiwari and Lalit Tiwari came at the place of occurrence. All the accused fled away from the spot along with their respective weapons.
The co-accused Naveen and Rinku have been allowed the concession of bail by the trial Court. According to the allegations, petitioner Sandeep hit on the right arm of the complainant but learned State counsel is fair enough to concede that there is no injury on the right arm of the complainant. Except the injury on fifth metacarpal on the right hand of the complainant, all other injuries have been declared simple in nature. The petitioner Sandeep is stated to be in custody from 29.07.2012 and petitioner Hanuman is stated to be in custody since 05.06.2012. The trial is not likely to be concluded at an early date.
CRM NO. M-36034 OF 2012 (O&M) -4-
So, both the petitions stand allowed. The petitioners Sandeep and Hanuman are ordered to be released on bail to the satisfaction of trial Court.
DECEMBER 18, 2012 (K. C. PURI) shalini JUDGE