PREM KUMAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Section 439 of the Code of Criminal Procedure has been filed for grant of regular bail to the petitioner in case FIR No.227 dated 12.08.2018, under Section 307 of the Indian Penal Code, 1860 and Sections 25 and 27 of Arms Act, 1959 (for short 'the Act'), registered at Police Station Parao , District Ambala.

(2.) The allegations, in brief, against the petitioners are that on 11.08.2018, at about 06:00 PM, due to some water logging during rainy season in the street, an altercation had taken place between the complainant side and the petitioner and at that moment, the petitioner fired gun shots from his pistol upon the complainant/injured and out of which, one shot hit on the left side of his chest and other on left hip.

(3.) The fact of firing of gun shots is admitted by the petitioners, but the same is claimed to be in his self defence with further submissions that petitioner as well as his wife, namely, Lt. Col. Kiran Jyoti are retired from the Army Medical Corps (AMC) and running a Society for charitable purpose in the name and style of 'White Lotus Madhyamik Siksha Society' for imparting free education to the persons below poverty line, handicapped and Scheduled Castes and also provides Scholarships to Orphan and helpless girl students up to 10th class, but some persons from the area, due to professional jealousy, wanted to close the Society, run by the petitioner. Also contends that the petitioner is in custody since 12.08.2018 and after completion of the investigation, challan has already been presented by the police before the Court of learned Illaqa Magistrate on 31.10.2018, under Section 307, IPC and Section 27 of the Arms Act and offence under Section 25 of the Arms Act has been deleted as the petitioner was having the licensed pistol.