HARPAL ALIAS SUNNY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Criminal Misc.No.M-34339 of 2009 filed by Harpal @ Sunny son of Subhash Chander and Criminal Misc.No.M-32985 of 2009 filed by Naresh son of Hawa Singh as they arise out of the same F.I.R.

(2.) The petitioners in their respective petitions seek regular bail in a case registered against them for the offences under Sections 148,149,216,120-B,452,302 and 506 IPC and Section 25 of the Arms Act. The F.I.R. has been registered on the statement of Sandeep, who has alleged that he and his father Mahipal (deceased) were sitting in the courtyard. His brothers were also at their house. It was about 10.30 a.m. on 10.12.2008. Six persons namely Satbir, Birbal, Jagmahender, Mahavir, Taj, Angrej and Krishan residents of Pega came on two motorcycles armed with pistols. Out of whom Taj and Angrej stood at the gate in front of the house and the remaining four i.e. Krishan, Satbir, Jagmahender and Mahavir entered in their house. Satbir and Mahavir fired from the pistols and the shots hit on the both sides of temple of father of the complainant. One bullet hit the chest of father of the complainant. The complainant and his brother ran to catch hold of them. All the assailants fled away and threatened that in case they came forward they will kill them. The complainant and his brother Kulbir ran towards Bhiwani Road and saw two vehicles standing on Bhiwani Road. Out of which one was a small vehicle while the other was like a Jeep. Some men and women were sitting in the said vehicles who were Satbir's mother, Mahavir's mother, Taj's wife, Angrej's wife, Sheelu son of Angrej, Wazir son of Birbal, Rattan's wife and some other accomplices were also sitting. The father of the complainant who is Sarpanch of the village Pegga had convened a panchayat few days back and Satbir, Mahavir, Krishan and Jagmahender had come there with regard to the murders of Roshan and RajKumar of their village. Their family members had put pressure on the father of the complainant to get the matter compromised as Roshan was from the family of the complainant. The father of the complainant told them that the accused should first surrender and then they will think of a compromise. On this they threatened father of the complainant to get the compromise effected, otherwise they would eliminate their family. Due to this reason, the said persons entered their house and fired at the father of the complainant. The complainant with his brother took their father to the Government Hospital Jind but he succumbed to his injuries due to fire arm injury and the doctor declared him dead.

(3.) Learned Senior Counsel for the petitioners submits that Harpal @ Sunny (petitioner in Criminal Misc.No.M-34339 of 2009) is not named in the F.I.R. The name of the petitioner Harpal @ Sunny figures in the supplementary statement dated 25.05.2008 of Sandeep. He was declared proclaimed offender but according to learned Senior counsel for the petitioner in fact nobody came to arrest him and he remained at his house as he was not named in the F.I.R. and he did not know that he was wanted in the present case. The allegation against him primarily is that he gave shelter to the accused after the occurrence and he is liable for offence under Section 216 IPC which is a bailable offence. The statement of complainant Sandeep has been recorded as PW1 in the Court of the Additional Sessions Judge, Jind on 23.09.2009 and he has not supported the prosecution case. He was declared hostile. The petitioner is in custody since 10.11.2009. The co-accused of the petitioner namely Baljinder Singh, brother in law of the petitioner has been granted the concession of bail vide order dated 10.07.2009 passed in Criminal Misc.No.M-7160 of 2009. It was observed that Baljinder Singh (petitioner in the said case) had remained sitting outside the place of occurrence in the car which belonged to him. In so far as Naresh (petitioner in Criminal Misc.No.M- 32985 of 2009) is concerned his motorcycle is alleged to have been used in the occurrence. It is submitted that his role is at par with that of Baljinder Singh, who has been granted concession of bail. Keeping in view the fact that the petitioner Harpal @ Sunny has not participated in the actual occurrence and as regards Naresh, his motorcycle was used in the occurrence as also the fact that PW1 Sandeep has not supported the prosecution case, in my opinion, they are entitled to be released on bail. Accordingly Criminal Miscellaneous Petitions are allowed and the petitioners in the respective petitions shall be admitted to bail on their furnishing personal bond and surety to the satisfaction of Chief Judicial Magistrate, Jind.