CHARANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer made in the petition is for the grant of regular bail to the petitioner in a case arising out of FIR No. 511 dated 4.10.2013 under Sections 302/323/34 IPC registered at Police Station Ambala City.

(2.) The aforementioned FIR was registered on the basis of statement made by Karan Bhola (hereinafter referred to "as the complainant") before ASI Balwant Rai wherein he stated that the petitioner, who is his uncle was living in the house adjacent to his house. Both the houses had a common access. The petitioner and his two sons, who were doing the business of scrap, had placed some junk close to the house of the complainant, which junk had been emitting foul smell and there were chances of mosquitoes breeding there. When the complainant asked the petitioner and his sons not to keep the junk there, they replied that he should sell his house to them and move out to a different place. On 2.10.2013 during the night Gopi, son of the petitioner, abused the complainant on telephone, besides extending threats to him. The complainant apprised his father about the same on the next morning. The complainant asked the petitioner and one of his sons about the reason for giving abuses. His father intervened and separated them. He then left for his work place. During the night at about 10 o'clock when the complainant was sitting with his cousin Sanjay, he received a call from his brother Manoj that the petitioner and his sons Narinder and Gopi were having altercation with them. Upon this, the complainant, alongwith Sanjay, reached his house and saw that the petitioner and his two sons had caught hold of his father and giving slaps and fist blows to him. Gopi took up a balli around which barbed wire was wrapped and gave blow with the same on the head of his brother Manoj. The complainant stepped forward, whereafter Narinder took hold of the same balli and tried to hit him. However, the complainant escaped the attack. In the meantime, Gopi picked up a wooden log and hit the complainant on his arm. On an alarm raised by the complainant and Sanjay, a number of people from the neighbourhood reached there and the assailants decamped from the spot. Because of the beating given by the accused, the father of the complainant breathed his last at the spot. The brother of the complainant was smeared with blood. According to the complainant, the attack was launched in order to kill his brother. The complainant, alongwith others, removed his father and brother immediately to Civil Hospital where the doctors declared his father as having already died.

(3.) Subsequent to the registration of the FIR, the petitioner was arrested on 5.10.2013. He then filed an application for the grant of bail but the same was declined by Additional Sessions Judge, Ambala vide order dated 15.5.2014. Hence, the present petition. Learned counsel for the petitioner has submitted that the deceased had been suffering from acute myocardial infarction with coronary artery disease and thrombosis. The said medical ailment led to his unfortunate death without being involved in the occurrence in question. During the post mortem, no external or internal injury was found on the dead body. The cause of the death was deferred to be given after obtaining the report of the Chemical Examiner. As per the report of Chemical Examiner, no common poison or ethyl alcohol was found in the viscera, which was taken by the doctor at the time of post mortem. It is also submitted that even otherwise, no weapon was said to have been used by the petitioner or his two sons in inflicting any injury to the deceased. In the FIR, it was stated that the petitioner and his two sons had given slaps and fist blows to the deceased. It is further submitted that the petitioner is behind the bars for the last nine months. Though the charges stand framed, yet the prosecution has not examined any evidence so far. The trial is now slated for 18.7.2014. As the trial is likely to take a long time for its conclusion, no useful purpose will be served by keeping the petitioner behind the bars. Prayer has, accordingly, been made for release of the petitioner on bail.