MAHAVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) MAHAVIR, the petitioner has brought this petition under the provisions of section 439 Cr.P.C. for grant of regular bail in a case registered by way of FIR No. 15 dated 24.1.2011 at Police Station Sadar Ballabgarh, District Faridabad for an offence punishable under sections 302, 307, 506, 120-B read with section 34 IPC and section 25 of Arms Act.

(2.) THE case of the prosecution, briefly put, is that Narender Singh, complainant had a brother, named, Ravinder alias Fauji. On 23.1.2011, he alongwith his brother Ravinder alias Fauji, younger brother Jitender, uncle Bhopal and cousin Yogender had come to village Machgar for attending a marriage. At about 2.00 AM in the night, after the marriage ceremony was over, Ved Parkash, his relation came to see them off to their Scorpio vehicle, which was parked near Machgar-Bukharpur road. Suddenly, a white coloured Scorpio car came from the side of Machgar and stopped there. THE vehicle was not bearing any registration number. Two persons came down the same and one of them took his brother Ravinder alias Fauji in his arms. He pointed his pistol towards the head of Ravinder and fired a shot. Ravinder had bent down and the shot missed the target. THEn the two started firing indiscriminately on Ravinder. When Ravinder raised alarm, the complainant and others rushed towards him. THE complaint caught hold of one of the two assailants and found that he was Kailash Bainsla. Kailash Bainsla and his companion again fired shots one of which had touched Ved Parkash. Kailash Bainsla got himself freed from the hands of the complainant and started running towards their car. Getting close to the said vehicle, the complainant saw that Mahavir, brother of Kailash Bainsla was sitting in the car and besides him, there was Anil resident of Jumedi and one more boy. THEy escaped therefrom, threatening the complainant and others to be killed if they did not sell the land of village Bhatola. Ravinder alias Fauji died on the way to Asian Hospital where he was being brought from Escorts Hospital, where he was taken in the first instance. Claiming that they have dispute over land of village Bhatola with Roop Singh Nagar and Roop Singh Nagar had hired the aforesaid persons for killing Ravinder, he lodged the FIR.

(3.) LEARNED senior counsel for the petitioner has further submitted that in the supplementary statement, the complainant has exonerated Kailash Bainsla. According to him, Mahavir, the petitioner is the brother of said Kailash Bainsla and if Kailash Bainsla had no role in the murder of Ravinder alias Fauji, Mahavir, who is not alleged to have participated in the occurrence, cannot be believed to have any role in the same. According to him, the petitioner is only alleged to have been there in the car and it will be a moot point at the trial as to whether he shared the common intention with his brother, who has been exonerated by the complainant in the supplementary statement.