VIJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRM -15954 -2016 Applicant -appellant Ajay moves this application praying for suspension of sentence and grant of bail having undergone 4 years, 3 months and 11 days of imprisonment under Sections 302/149, 341/149 and 427/149 of the Indian Penal Code.

(2.) Heard the submissions made by learned Senior Counsel for the applicant, learned counsel for the complainant and learned AAG for the State of Haryana.

(3.) Learned Senior Counsel for the applicant submits that the applicant was summoned only under Section 319 of the Code of Criminal Procedure, as the investigating official had given clean chit to him during the course of investigation. The prosecution has come out with an artificial version that two shots each were fired by accused Vijay, accused Ajay and accused Pardeep. The complainant who is none other than the brother of the deceased has chosen to consult a lawyer even as per his own version before ever he laid the First Information Report. It is submitted that the First Information Report was prepared by the investigating official distributing the injuries to all the above three accused based on the inquest prepared by the investigating official. It is also brought to our notice by the learned Senior Counsel appearing for the applicant that the doctor has accounted only three gun shot injuries on the person of the deceased. For all these reasons, it is his submission that the applicant is entitled to suspension of sentence and grant of bail.