SHASHI BHUSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application seeking regular bail in case FIR No.281 dated 24.8.2010 under Sections 186/332/353/307/411/302/34 of the Indian Penal Code, Police Station Sector 5, Panchkula, District Panchkula.

(2.) AS per prosecution story, Inspector Mukesh Kumar was on patrol duty along with constables; meanwhile he has received secret information that two boys are coming on a stolen motorcycle i.e. Monu and Teja. Police tried to stop them. Meanwhile one of them has attacked the Inspector with knife, however, both the of them were overpowered and meanwhile accused Teja has attacked constable Suresh Kumar with knife. Constable Suresh Kumar has died due to the injuries inflicted by one of the accused Teja by knife. In the investigation, it has come out on the basis of the statements made by the co-accused and accused that all the accused, including the petitioner, have planned to sell the stolen motorcycle and to have knives and weapons with them; if the police or other interfered or stopped them, they will attack them with the knifes and other weapons carried by them. Accused/petitioner has stated that Teja and Amit alias Monu went for the search of the purchaser and meanwhile nabbed by the police and there Teja has murdered constable Suresh Kumar by inflicting knife injuries on his chest. Thereafter, Teja approached the present petitioner and present petitioner has given Rs.300/- to Teja to escape from the spot. From the contents of the prosecution story, it reveals that all the accused have planned to sell the stolen motorcycle and committed planned murder of constable Suresh Kumar.