LAWS(P&H)-2012-9-102

NARESH @ SONU Vs. STATE OF HARYANA

Decided On September 19, 2012
Naresh @ Sonu Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Naresh @ Sonu, the petitioner seeks regular bail in a case registered by way of FIR No. 24 dated 26.1.2012 at Police Station City, Rewari, District Rewari, for an offence punishable under sections 302, 323, 325 and 506 IPC read with section 34 IPC. Learned counsel for the petitioner submits that in the occurrence in which Mahipal had died, Mukesh is the main accused who had caused injury on his head with shorter arm of the cot. According to him, the petitioner and Manoj Kumar, who has been granted bail by this court vide orders dated 2.8.2012, had been alleged to be carrying stones in their hands and having thrown those stones towards the complainant party. According to him, no specific injury is attributed to the petitioner, caused either to the deceased or any other person. He further submits that since the role of the petitioner and Manoj Kumar in the occurrence is the same, the petitioner is entitled to bail on the ground of parity with Manoj.

(2.) Learned State counsel, on the other hand, admits that the role attributed to the petitioner and Manoj is the same and that Manoj has been granted regular bail in this case vide orders dated 2.8.2012 passed in Crl. Misc. No. M-15986 of 2012. Keeping in view the fact that a similarly placed coaccused of the petitioner named Manoj Kumar has been granted bail by this court vide orders dated 2.8.2012, the petitioner is also entitled to the said relief on the ground of parity. Consequently, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned trial court.