SUNIL @ SONU Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS -Sunil @ Sonu and others, have preferred the instant petition for the grant of concession of anticipatory bail, invoking the provisions of Section 438 Cr. P.C. in a case registered against them, vide FIR No. 576 dated 17.12.2013, on accusation of having committed the offences punishable under Sections 306 & 34 IPC (the offence punishable under Section 3(1)(iii) and 3(2)(iv) of The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 was later on added), by the police of Police Station Gharaunda, District Karnal.

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

(3.) CONCISELY , the prosecution claimed that on 13.11.2013, some fight had taken place between complainant Rampal and his son Shivam on one side, with the petitioners and others on the other side, in which both the parties received injuries. The matter was reported to the police. The police asked the parties to amicably settle the dispute before the panchayat. It was alleged that complainant, his son and nephew were abused and insulted in the panchayat. Thereafter, petitioners used to taunt them in this relevant connection. On 15.12.2013 at about 6 PM, the petitioners chased Shivam. Subsequently, on 17.12.2013, he (Shivam) committed suicide and it was claimed that petitioners have abetted the commission of offence. Taking into consideration, the crux of the allegations contained in the FIR, as to whether the provision of Section 306 IPC is attracted to the facts of the present case against the petitioners or not, INTER ALIA, would be a moot point to be decided during the course of trial by the trial Court. Moreover, interim bail was granted to enable the petitioners to join the investigation by this Court, vide order dated 11.04.2014.