SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Surender son of Nathi, has preferred the instant petition for the grant of regular bail in a case registered against him along with his brothers and main co-accused, namely Suresh, Mukesh and other family members, Lichho wife of Suresh, Murti wife of Surender, Santosh wife of Mukesh, Rahul son of Surender, Rohit son of Mukesh, Priya and Pooja daughters of Mukesh, Subhash, son-in-law of Suresh and Raju son of Nunhe, vide FIR No.309 dated 08.08.2012, on accusation of having committed the offences punishable under Sections 147, 148, 323, 325, 452, 302 and 506 IPC, by the police of Police Station Sadar Palwal, invoking the provisions of Section 439 Cr.P.C.

(2.) NOTICE of the petition was issued to the State.

(3.) AS is evident from the record that, initially the case was registered against pointed twelve persons. During the course of investigation, the police found nine accused as innocent and exonerated them. According to the prosecution, main accused Mukesh and Suresh, sons of Nathi caused injuries culminating into the death of Jitender (deceased) with their respective weapons. No specific role or injury is attributed to the present petitioner by the prosecution. He was just present at the spot. Very vague allegations are assigned to the petitioner that all the assailants also hit them with their respective weapons. In that eventuality, whether the provision of Section 34 IPC is attracted or not to the case of the petitioner, would be a moot point to be decided during the course of trial by the trial Court.