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Punjab-Haryana High Court

Badal vs State Of Haryana --Respondent on 23 July, 2014

Author: Tejinder Singh Dhindsa

Bench: Tejinder Singh Dhindsa

                               IN THE HIGH COURT OF PUNJAB & HARYANA AT
                                             CHANDIGARH

                                                        CRM No. M-13838 of 2014 (O&M)
                                                        Date of Decision: 23.07.2014.

            Badal                                                         --Petitioner

                                           Versus

            State of Haryana                                              --Respondent

            CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.

            Present:-          Mr. Chanakya Pandit, Advocate for the petitioner.

                               Mr. Vikas Malik, A.A.G., Haryana.

                               ***

TEJINDER SINGH DHINDSA.J CRM No. 21662 of 2014 Application is allowed as prayed for.

Document at Annexure P-2 is taken on record. CRM No. M-13838 of 2014 This order shall dispose of the present petition filed under Section 439 Cr.P.C praying for the grant of regular bail to the petitioner in case F.I.R. No.255 dated 4.7.2013 under sections 302, 148, 149, 201 I.P.C, registered at Police Station, Safidon, District Jind.

Learned counsel for the parties have been heard. The process of law was set in motion on the basis of a complaint lodged by Subhash. Pali is the deceased. Allegations are with regard to a fight between two communities i.e. Chauhans and Kangdos. Allegations as per complainant are with regard to 18 persons belonging to the Chauhan community including the present petitioner having thrown the body of Pali in front of house of Ram Pal son of Lehri and having gone away.

2014.07.25 10:14 I attest to the accuracy and integrity of this document chandigarh CRM No. M-13838 of 2014 (O&M) -2- During the course of arguments, it has emerged that out of the 18 accused named in the F.I.R, six were found to be innocent during the process of investigation and such six persons having thereafter been summoned as additional accused in pursuance to an application preferred under Section 319 Cr.P.C having been allowed. These six co-accused are namely Deepak, Vinod, Balwan, Ajay, Sandeep and Rinku. It would be apposite to notice that the specific allegations against these six afore- noticed persons and which weighed with the court while summoning them as additional accused were that they had dragged deceased Pali into the house of Balwan and thereafter strangulated him to death.

The conceded position of fact is that all six co-accused afore- noticed have been granted the concession of pre-arrest bail by this Court.

The petitioner has been in custody since 7.7.2013. Learned State counsel informs that the trial is still at the initial stage. The same, as such, would take time to conclude.

Keeping in view the circumstances noticed herein above and coupled with the length of incarceration already suffered by the petitioner and without making any observations on the merits of the case, this Court is of the considered view that a case for bail is made out. Present petition is, accordingly, allowed.

Bail to the satisfaction of the Trial Court. Petition disposed of.

(TEJINDER SINGH DHINDSA) JUDGE July 23, 2014.

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