JAFRUDEEN @ JAFRU Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Jafrudeen @ Jafru son of Ishak, has preferred the instant petition for the grant of regular bail in a case registered against him along with his other co-accused, by means of FIR No.96 dated 01.06.2012, for the commission of offences punishable under Sections 307/34 IPC and Section 25 of the Arms Act, by the police of Police Station Kasola, Distrcit Rewari, invoking the provisions of Section 439 Cr.P.C.

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

(3.) THE prosecution claimed that on 01.06.2012, a Pick Up van came from the side of village Padiawas and the petitioner was its Driver. The complainant tried to stop the Pick Up van, but the suspected criminals sitting in it, fired shots, which hit in his(complainant) abdomen and right leg of PW Ramdhan son of Mohar Singh. The only allegations assigned to the petitioner are that he was the Driver of the indicated van. No other specific role or overt-act is attributed to him. All the main allegations of firing shots are assigned to other main co-accused of the petitioner(non-petitioners). In that eventuality, whether the provision of Section 34 IPC is attracted to the facts of the present case or not, would be a moot point to be decided during the course of trial by the trial Court.