USMAN ALIAS MOHAMMAD USMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The gravamen, which are encapsulated in the instant petition is the long incarceration suffered by the petitioner i.e. more than 1 year and 3 months as on today, therefore, the petitioner has filed the instant petition, seeking the relief of regular bail in case FIR No.158 dtd. 19/7/2023 under Ss. 148/149/323/506/302 of IPC, 1860 (Sec. 302 of IPC, was added later on) registered at Police Station Pinangwan, District Nuh.

(2.) The prosecution agency was set into motion on a statement suffered by the complainant Sahid s/o Kasam (brother of the deceased) wherein, he alleged that the petitioner along with other co-accused caused injuries to his deceased brother Sakul. In pursuance of his statement, earlier the FIR was registered under Ss. 323/148/149/506 of IPC. The injured, who is brother of the complainant, suffered injuries at the hands of the accused mentioned in the FIR, unfortunately died on dtd. 7/9/2023 which led the prosecution agency to invoke the provision of Sec. 302 IPC in the instant FIR. The relevant extract of the statement of the complainant reads as under:-

(3.) A perusal of the above FIR reflects that the petitioner is allegedly a person, who caught hold the hands of deceased Sakul, whereas, the other coaccused inflicted injuries upon him.