MADAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order of mine shall dispose of both the applications for anticipatory bail titled Madan Lal and another v. State of Haryana and Gurdeep Singh and another v. State of Haryana bearing Cri. Misc. Nos. 44505-M of 2001 and 45338-M of 2001 respectively, as these have arisen out of the same FIR No. 207 dated 26.9.2001 at Police Station Farakpur, District Yamuna Nagar.

(2.) The case was registered on the statement of Sunekh Chander. As per his version, he was running a cycle repair shop near the Chand pur Gurdwara, Yamuna Nagar. His father Madan Lal has been running a grocery shop located nearby. On 26.9.2001 at about 7 P.M. he was at his shop. At that time, one Tata 407 vehicle came from the side of Grover depot and stopped in front of his shop. Joginder Singh, Gurdeep Singh, Rocky, Babloo, Babloos brother Palu and PaluTs father came out of that vehicle, Joginder Singh and Gurdeep Singh were armed with swords, Rocky was carrying a lathi and Babloo was having iron rod with him. Soon after, Joginder Singh attacked the complainant with his sword and he tried to ward off the attack by raising his hand. Gurdeep Singh also inflicted a sword blow on his left leg. The other accused gave fist and slap blows to him. On the alarm raised by him, Madan Lal arrived, Joginder Singh attacked his father Madan Lal with kirpan. Thereafter, all the above named persons left the spot with their weapons. Both injured were taken to General Hospital, Yamuna Nagar.

(3.) During the course of investigation, cross version had been recorded at the instance of Gurdeep Singh. According to him he was having a Transport Company at Yamuna Nagar. On 26.9.2001 at about 7 P.M. he returned to his house after finishing his work at transport company when he noticed a quarrel going on in front of his house, at the shop of Sunekh Chander. Sunekh Chander, Davinder @ Bobby; Dharambir Dona and Chotta and Madan Lal father of Sunekh Chander were beating Joginder Singh. At that time Sunekh Chander was armed with a kirpan and Madan Lal was carrying an iron rod, Dharambir Dona was carrying a sword, Chotta and Bobby were unarmed. When Gurdeep Singh tried to rescue Joginder Singh, Sunekh Chander attacked him with his sword which gave injuries on his left arm. Thereafter, Dharmabir also caused injuries with kirpan on the finger of his right hand. Madan Lal inflicted injuries with his iron rod on the stomach and back. In the meantime, Jogga Singh son of uncle of the complainant also came there, who was attacked by Sunekh Chander with his sword and injury was caused on his right arm. On the alarm raised by them, Bhupinder Singh and Rajinder Singh arrived at the spot and rescued them. The case is still under investigation.