SUBHASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 439(2)of the Code of Criminal Procedure (in short 'Cr.P.C.') for cancellation of anticipatory bail granted to respondent No. 2 Shish Ram by learned Additional Sessions Judge, Gurgaon, vide order dated 11.12.2009 in Application No.240 of 2009 in case FIR No.186, dated 8.10.2009, under Sections 148,149, 323, 307, 325,120B IPC and Section 25 of the Arms Act, registered at Police Station Bilaspur, District Gurgaon.

(2.) Brief matrix of the case are as under:

(3.) On 8.10.2009, at about 12.30 noon, complainant and his father Bhagwan Singh, brother Rambir Singh, mother Smt. Anguri Devi and younger brother Surender were present in the house. They had started the construction work and in the mean time one Qualis vehicle came from the side of well and stopped in front of their house. Shish Ram, respondent No.2, alongwith ten other young boys, who were not known to the complainant, got down the said vehicle. They were all armed with hockeys and lathis and three of them were having pistols. They started throwing stones and bricks towards complainant and other family members. One of the boys had also given danda blow to the mother of the complainant. Due to fear they went upstairs. However, one of the persons fired three shots towards complainant and one of the shot hit at back side of knee of the complainant, due to which he fell down. One of them also got injured his brother Surender Singh and thereafter all of them ran away by sitting in the said Qualis Vehicle. The occurrence was witnessed by Jag Ram son of Shri Jal Singh and Rajbir son of Chandri.