KARAMVIR @ KARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a second application for the grant of bail to the petitioner-Karamvir alias Karambir, who is an accused in the case FIR No. 63 dated 21.4.2004 registered at Police Station Kharkoda for the offences under Sections 148, 149, 452, 307, 302, 449 of the Indian Penal Code and Sections 25/27 of the Arms Act, 1959.

(2.) LEARNED counsel for the petitioner submits that the earlier application for bail of the petitioner was declined by this Court on 5.3.2004 and it was observed that a specific injury with a country made pistol is attributed to the petitioner on the person of Mahabir. He, however, submits that after rejection of the bail in respect of the petitioner similarly situated accused i.e. Amit alias Kala has been granted bail by this Court on 9.8.2004 (Annexure P-10). Besides, Kartar Singh has been granted bail on 12.10.2004 (Annexure P- 13) and Parveen Kumar has been granted bail on 29.11.2004 (Annexure P-14). In the circumstances, it is contended that the role attributed to the petitioner being similar, the petitioner is also entitled to the concession of bail on parity

(3.) I have given by thoughtful consideration to the respective contentions of the learned counsel appearing for the parties. It may appropriately be noticed that Mahavir to whom a fire arm injury is attributed to have been caused by the petitioner on the left arm is a witness in the case and the deceased in this case is one Jagbir. The petitioner is not alleged to have caused any injury to Jagbir (deceased). A persual of the statement of Mahabir recorded under Section 161 Cr.P.C. on 27.4.2004 (Annexure P-2) shows that it is alleged by him that the petitioner opened fire with his country made pistol which hit him on his left arm. However, he also stated that Amit also fired shot with his country made pistol at Mehtab which hit near his left temple. Besides, Kartar Singh fired with his gun, the pellets of which hit Satish Brahmin on the upper portion of his right waist and hit on the mouth and neck etc. of Dhiraj. According to the statement (Annexure P-2) of Mahabir, Parveen also fired with his pistol which hit on the eye of Rajpal.