SUKHWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RESPONDENT No.2 Kulwant Singh was arrested on 9.6.1997, in case F.I.R. No. 361 dated 7.6.1997 registered at Police Station, Shahabad, for the offence under section 302/34, I.P.C.

(2.) THE prosecution case, in brief, is that on account of some dispute on dismantling a water -course between the parties, on 7.6.1997 at 9 a.m., Kulwant Singh (respondent No.2) along with Balwant Singh caught hold of the deceased and Hoshiar Singh gave a kulhari blow from its reverse side which hit the deceased on his head and proved fatal.

(3.) KULWANT Singh, respondent No.2, having failed to obtain bail from the Additional Sessions Judge, Kurukshetra, moved this Court by filing Crl. Misc. No. 16267 -M of 1997, alleging therein that no injury had been attributed to him and that he has been falsely implicated inasmuch as Balwant Singh had already been found to be innocent by the police. This petition was dismissed by Hon'ble Mr. Justice M.L. Koul by order dated 31 -7 -1997, which reads as under : - "Heard. The accused is invloved for commission of murder when the deceased was killed with a kulhari. The matter is under investigation and the accused is no manner entitled to bail especially when his case is under investigation. "Hence, this petition is dismissed." On 6.8.1997, Kulwant Singh respondent moved another application bearing Crl. Misc. No. 17036 -M of 1997, seeking bail on the same grounds, as stated above. At the end of the application on page 7 thereof, the following note had been appended : - "Note : No such or similar petition has earlier been filed by the petitioner either in this Hon'ble Court or in the Hon'ble Supreme Court of India in the knowledge of the undersigned. 2. No affidavit is required as the petitioner is lodged in Distt. Jail Kurukshetra. 3. P.A. is attached herewith." It may be stated that F.I.R. Number was given as 381 instead of 361. This application was allowed and Kulwant Singh respondent was admitted to bail by Hon'ble Mr. Justice S.S. Sudhalkar by order dated 5.9.1997.