SULTAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for grant of regular bail in FIR No. 671 dated 26.11.2012 under Sections 302, 120-B, 34 Indian Penal Code (in short, 'IPC'), registered at P S Assandh, District Karnal.

(2.) Counsel for the petitioner would contend that initially an FIR was registered under Sections 279 and 304-A IPC, on the statement of Maha Singh son of Kehar Singh, on the allegation that on 26.11.2012, his brothers, namely Dharampal and Satpal were going on motorcycle bearing registration No. HR 05K 5057 from the village to attend the Court at Assandh and at about about 09.30.a.m., a Canter Eicher, which was being driven rashly, negligently at a very high speed hit the motorcycle of Dharampal from back side. Satpal, pillion rider, fell down on the road in front of the Canter and Dharampal along with motorcycle struck a Seesham tree on the left side of the road. The driver of the Canter did not stop and dragged Satpal about 10 feet towards Assandh and ran over the back of Satpal and the Canter was stopped about 40 feet away and the driver ran away.

(3.) Counsel has submitted that two days after the occurrence, the complainant made a supplementary statement, implicating Vijay Kumar as driver of the Canter and the petitioner being one of the conspirators for committing murder of Dharampal and Satpal. It is further submitted that on the day of occurrence, the petitioner was on duty from 9.00 am to 5.00 pm as he was posted at Ambala as a driver in the police department on the prisoners vehicle and took the prisons to Naraingarh Court. The petitioner has been involved in the case under Section 120-B IPC when otherwise, there is no evidence regarding petitioner's conspiring with others involved in the case.