NAVEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present common order shall dispose of the above captioned three regular bail petitions filed under Section 439, Cr.P.C., by Naveen, son of Krishan, resident of New Sanjay Colony, Gohana Road, Panipat (CRM-M-17972-2014); Pawan Kumar, son of Hawa Singh, resident of Israna, District Panipat (CRM-M-41699-2014); and Anil @ Kala, son of Fateh Singh, resident of village Israna, District Panipat (CRM-M-12121-2015), who have been booked for having committed the offences punishable under Sections 120-B, 148 and 302 read with Section 149, IPC, in a case arising out of FIR No. 148, dated 28.6.2013, registered at Police Station, Israna, District Panipat.

(2.) Learned counsel for the petitioners submit that the informant in the present case is Sandeep, who is brother of Pardeep (since deceased). As per First Information Report (FIR), three days prior to 27.6.2013, Jasmer, co-accused of the petitioner(s), was constructing a drain in the panchayat land and when the said drain had reached up to the land belonging to the informant side, then Pardeep (since deceased) objected to the construction of the drain in his land.

(3.) On 27.6.2013, in the evening, i.e. after three days of the previous incident, Pardeep (since deceased) was encircled by approximately twenty persons and caused injuries. The informant, Sandeep, received the information on mobile phone and reached at the spot near Arya Samaj Mandir and witnessed the occurrence. One Vikram had also arrived at the spot after the incident. With the help of Vikram, Sandeep carried Pardeep to Prem Kumar Hospital at Panipat. Due to injuries received, Pardeep had ultimately died. On the next day, i.e. 28.6.2013, the matter was reported to the police in which the petitioner(s) were not named as assailants.