LAWS(P&H)-2022-5-47

SURENDER Vs. STATE OF HARYANA

Decided On May 24, 2022
SURENDER Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Arvind Singh Sangwan, J 1.Prayer in this petition is for grant of regular bail in FIR No.194 dtd. 29/5/2021 under Ss. 302, 201, 34, 120-B IPC and Sec. 25 of Arms Act, registered at Police Station IMT Rohtak, District Rohtak.

(2.) Learned senior counsel for the petitioner submits that as per allegations in the FIR, registered at the instance of Ravinder, his elder brother Sukhbir, aged about 45 years, was suffering from paralysis and was disabled from one hand and one leg. It is further stated that 01 year ago, Lakha and Surender sons of Dayanand and Sukhbir and Leelu sons of Surender (petitioner) entered into their house and attacked his brother Sukhbir and caused him injuries. It is further stated that his brother informed him on 28/5/2021 that Lakha and Surender sons of Dayanand and Sukhvir and Leelu sons of Surender (petitioner) pressurized him to compromise the case otherwise they will kill him. On the date of incident, sister-in-law of complainant, namely Sushil had seen that Sukhbir son of Surender was taking Sukhbir @ Raja with him in the street. Thereafter, he did not return and later on, his dead body was found near a school. It is asserted in the FIR that his brother Sukhbir was murdered by Lakha, Surender sons of Dayanand and Sukhbir and Leelu sons of Surender (petitioner), after hatching a conspiracy.

(3.) Learned senior counsel has argued that during the investigation, the police arrested all the accused persons and recorded their disclosure statements and thereafter, challan was presented. Learned senior counsel has referred to earlier FIR No.256 dtd. 18/9/2019 under Ss. 323, 324, 34, 452, 506 IPC, registered at Police Station IMT Rohtak, which find mention contents of present FIR and submits that as per allegations in the said FIR, registered at the instance of deceased Sukhvir, on 17/9/2019, Sukhbir and Leelu sons of Surender (petitioner) entered their house and when he asked them, they caused him injuries on the pretext that if he again teases the sister of Sukhbir and Leelu, he will be further taught a lesson. It is further stated in the FIR that aforesaid two sons of the petitioner caused him injuries and thereafter, the petitioner also came there and took his sons with him and while leaving, both of them extended threat.