DAVENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer is for grant of regular bail in case FIR No.41 dtd. 17/2/2020 under Ss. 148, 149, 307, 323, 34 IPC and Sec. 25 of the Arms Act registered at P.S Kalanwali, District Sirsa.

(2.) As per allegations in the FIR, on 16/2/2020, at about 8.00 o'clock, when the complainant Sukhraj Singh reached his home, his wife Karamjit told him that 10-15 young boys of the village hurled abuses at them. Out of them she identified Gaggu (petitioner), Janta and Gabra Master but could not identify others. The boys again came back and spoke filthy language again. When the complainant tried to stop them, then Gaggu fired from his pistol, which hit on his right hand. Janta and Gabra Master attacked the complainant on his head with sharp edged weapons besides giving threats to eliminate him. When the complainant went to Odhan Hospital, all of them broke his car and fired on him and did not let him get admitted in the hospital.

(3.) Learned counsel for the petitioner submits that the petitioner has falsely been roped in. It is a case of version and cross-version. FIR No.40 dtd. 17/2/2020 has been registered against the complainant Sukhraj Singh @ Kala, his son Karanvir and one Ex-Sarpanch Beant, who had caused injuries to the petitioner-Davinder Singh @ Gaggu. It was the complainant's side, who were the actual aggressors. From perusal of medical record, it is evident that the petitioner himself suffered a grave fire-shot injury. Three persons from the petitioner's side suffered injuries, while only the complainant has suffered injuries on other side. Challan has already been presented and no recovery has to be effected from the petitioner and that he has been in custody since 5/3/2020.