JOGINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) JOGINDER son of Balbir Singh and Ranbir son of Ghasi Ram have moved this petition for anticipatory bail in case, FIR No. 168 of 17.11.2001 under Sections 304, 148, 149, 120-B, 327, I.P.C., registered at Police Station Julana District Jind.

(2.) PRESENT case was registered on the statement of Ramphal Dhanda, Excise Inspector. On 16.11.2001 secret information was received by him in his office that one Tata 407 vehicle would bring liquor from outside. This information was passed on by him to Head Constable Rajesh and Constable Rajinder. Thereafter, complainant along with employees of the liquor contractors held Naka at Bus Stand Lalit Khera. Complainant, accompanied by his staff, had driven to the spot in a private car bearing No. 3978 and others in jeep bearing registration No. HR-31B-1736 belonging to the liquor contractors. The said jeep was being driven by Jiya Lal. Krishan and Raj Kumar were other occupants of the jeep. At about 11.30 P.M. complainant noticed Car being registration No. DAG 2431 coming from the side of Gohana to Pindora. in all, there were three occupants is the said car including the driver Gulab Singh who was one of the occupants of the car was known to the complainant. Soon after one Tata 407 of green colour driven at a fast speed and negligently came there. Signal was given to the driver of Tata 407 to stop the vehicle but the driver, ignoring the signal, turned his vehicle and struck against the jeep and fled away. Complainant and his companions followed Tata 407 in the jeep bearing registration No. HR-31-B-1736 and car bearing No. 3978. After covering some distance, the jeep overtook Tata 407. Thereupon, driver of Tata 407 struck against the jeep. As a result, the jeep fell in the pits. Jiya Lal son of Mansa Ram, Krishan son of Raj Kumar and Raja son of Ramji Lal sustained serious injuries. Thereafter, Tata 407 which was being driven by Kaptan Singh filed away from there. The injured were brought to the General Hospital, Jind for treatment. Jiya Lal and Krishan succumbed to the injuries in the hospital. The case is still under investigation.

(3.) IN reply, opposing the bail application, State counsel has submitted that petitioners-accused were equally involved in the commission of the crime because they were conspirators with Kaptan Singh Driver. It was been contended by learned AAG Haryana that during investigation it has been revealed that the accused had conspired together to deliver whisky bottles carried in the vehicle Tata 407 despite any obstruction by the police or any body else. In pursuance of this, Kaptan Singh had intentionally struck it against the jeep resulting in falling of the jeep in the pits causing injuries to Jiya Lal and Krishan who subsequently died and thus they are equally responsible for and involved in the commission of the offence.