JAMEEL KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been preferred under Section 438 Cr.P.C. by Jameel Khan, seeking pre-arrest bail, feeling apprehension of his arrest in case FIR No.282 dated July 10, 2014 under Sections 323, 506, 325, 307, 34 IPC, registered at Police Station, Punhana, District Mewat.

(2.) Briefly stated, case of the prosecution as unfolded by complainant Khalid son of Nasru, resident of village Rehpua, is that on May 29, 2014, at the marriage function of his cousin Bajid, DJ was running which was objected by Jameel (petitioner) on account of which exchange of hot words took place in between parties. Thereafter, on July 6, 2014 at about 5:00 PM, again exchange of hot words took place in between Nasru, father of complainant and petitioner Jameel, at the time of prayer in Mosque, and his father returned to home. At about 6:00 PM, on the same day, a party consisting of Mustafa, Sehjad, Taufik, Sehroon, Ms. Jarina and Ms. Najma armed with lathies and iron rods, headed by petitioner Jameel barged into house of complainant and opened an attack. Petitioner Jameel dealt an iron rod blow hitting on head of complainant whereas Mustafa raised a Lathi blow to hit on head of complainant but he tried to rescue and Lathi resulted into infliction of injury on his left eye. Taufik, Sehjad and other members of party also caused injuries to father of complainant namely Nasru, uncle (Tayyub) and his brother. Thereafter, when Amru son of Sheru and Hassan Mohammad son of Kqarim attracted to the spot on hearing commotion and intervened, assailants left the spot by extending threats that they would be killed as and when they got an opportunity.

(3.) Contention of learned counsel for the petitioner is that allegations levelled against petitioner are totally false, frivolous and concocted one. Infact, complainant party was aggressor who opened attack, in which, not only petitioner sustained 10 injuries including three bone deep injuries and incised wound on his head but also Abdul Sakoor, Ms. Jarina and Ms. Najma. Since, SI Swaroop Singh, is distantly related (a neighbour of ASI Jaichand), extended help to complainant party. ASI Jaichand did not investigate the matter properly, and only registered a case under Sections 323, 324, 341 read with Section 34 IPC against complainant party.