MEKHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS order will dispose of Criminal Miscellaneous No. M -10328 of 2011 filed by Mekhi son of Beer Singh and Criminal Miscellaneous No. M -10375 of 2011 filed by Sunil Kumar son of Vikram. The respective Petitioners in the two petitions seek pre -arrest bail in a case registered against them for the offences under Sections 148, 149, 323 and 307 IPC, besides Section 25 of the Arms Act 1959.

(3.) THE case relates to assault by as many as 29 persons who were armed with lathis, dandas, pharsa, ballam and saria and caused injuries to Parmi and Samay Singh. The learned Sessions Judge, Palwal in his order dated 28.5.2010 while declining pre -arrest bail to the co -accused of the Petitioners has observed that injuries on the person of Samay Pal were dangerous to life which were on non -vital part. Samay Pal has received gun shot injuries which though are not attributed to the Petitioners. In any case, the Petitioners' role is to be ascertained in the context of Section 149 IPC. The Petitioners are alleged to have created an unruly scene in the village along with their co -accused. Learned Counsel for the State and the complainant have submitted that the Petitioners have been declared Proclaimed Offenders. The learned Counsel for the State has submitted that the weapons used by the Petitioner are yet to be recovered and their custodial interrogation is required.