MAHENDER SINGH MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition, filed under Section 438, Cr.P.C., is for grant of anticipatory bail to petitioner, Mahender Singh Malik, who has been booked for having committed the offence punishable under Section 307 read with 34 IPC in a case arising out of FIR No.7 dated 04.01.2015 registered at Police Station, City Fatehabad, District Fatehabad.

(2.) Learned senior counsel submits that there was motive on the part of informant,Balwant Singh Dhanda and his son Vikas (injured) to falsely implicate the petitioner; Infact the petitioner had lodged a complaint with the Police against Vikas and his family members on the basis of which FIR for the offence punishable under Section 498-A IPC etc. was registered. The petitioner had also filed a complaint before learned Area Judicial Magistrate against Vikas and others; (informant side) in which the summoning order was passed; as per the prosecution case, CCTV footage of the place of occurrence was taken into possession by the Investigating Agency but the same did not corroborate the version set up by the informant side; the injuries received by Vikas would not attract the provisions of Section 307 IPC; from Government Hospital, Fatehabad where Vikas was medico legally examined after the incident was taken to Sarvodaya Hospital, Hisar and the Doctors working there had earned bad names for issuing wrong medical opinions, attracting the provisions of Section 307 IPC; a case of Motor Vehicle accident has been converted into a case of attempt to murder;Sandeep one of the prosecution witnesses has executed his affidavit on oath that Vikas had met with an accident but not in the manner as propounded by the prosecution and that the petitioner has joined the investigaion and his custodial interrogation is not required.

(3.) On the other hand, Mr. Pawan Gaur, learned Deputy Advocate General, Haryana assisted by Mr.A.P.S. Deol, learned Senior Advocate for the informant submits that the contents of the FIR registered at behest of the petitioner against Vikas and others, were found to be false after investigation; the summoning order passed by learned Judicial Magistrate, Fatehabad was stayed by this Court; there was motive on the part of the petitioner to have caused injuries to Vikas injured since Vikas had a dispute with his wife, who happens to be the daughter of the petitioner; Vikas, injured had come to India two days prior to the incident; as per the contents of FIR, the occurrence was witnessed by Balwant Singh Dhanda, father of injured Vikas and Mohan Sharma, a friend of the injured; both of them have stated in one word that the petitioner with an intention to kill Vikas, hit him with a car being driven by petitioner. Vikas has also corroborated the version of his father, Balwant Singh Dhanda and eye-witness Mohan Sharma; four grievous injuries on different parts of his body received by Vikas cannot be self-inflicted, self-suffered or by friendly hand; the occurrence had taken place on 04.01.2015 at 11:15 a.m. and within 15 minutes thereafter Vikas was medico legally examined by the Medical Officer of Civil Hospital, Fatehabad; it was mentioned in the medico legal report that it was a case of road side accident; it was also mentioned in the medical report that Vikas was brought to the hospital by Mohan Sharma an eyewitness of the occurrence, which would show that Mohan Sharma was present at the spot at the time of incident; CCTV footage taken into possession is being got examined from the experts and that in view of serious nature of the offence committed by the petitioner, he is not entitled to the concession of the pre-arrest bail.