HARVINDER ALIAS HEAVY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two bail applications bearing CRM-M-13956 of 2012 titled as Harvinder alias Heavy Vs. State of Haryana (for short 'Ist petition') and CRM-M-15464 of 2012 titled as Shyambir Singh Vs. State of Haryana (for short 'IInd petition'), in which petitioners have prayed for regular bail under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) in a case registered vide FIR No.209 dated 1.12.2010 under Sections 302, 201 and 34 IPC, at Police Station Badshahpur, District Gurgaon.

(2.) The FIR was registered on the complaint of Mukhtiar, on the recovery of dead body of Chhottu, Kabari. In the FIR, it is mentioned that deceased had received a phone call from one Rahul that a prospective client is waiting at Sona Devi Dharam Kanta, who wanted to meet him for evaluating the scrap. Deceased left Amir Ahmed in the market and went away. This fact is told by Amir Ahmed to the complainant, who has stated in the FIR that some unknown person had murdered his brother and threw his dead body in shrubs in order to conceal it.

(3.) Counsel for the petitioner (in the Ist petition) has submitted that the petitioner is in custody from 24.1.2012 whereas the petitioner in the IInd petition is in custody from 10.2.2012. He further submits that out of 28 prosecution witnesses only 7 witnesses have been examined so far, although, the case has been adjourned twice by this Court for this purpose. He has fairly stated that the petitioner in the Ist petition has been involved in FIR No.231 dated 21.12.2010 registered under Sections 25/54/59 of the Arms Act, 1959 at Police Station, Badshahpur District Gurgaon in which he is on bail. It is also submitted that the petitioners have not been named by the complainant rather their names have come in the disclosure statement of Balram alias Ballu, who himself is on bail granted by this Court in CRM-M-33784 of 2011 decided on 15.12.2011 (Annexure P-1).