SURRINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application for pre-arrest bail in FIR No. 165 dated 3,9.1988 under Sections 302, 304-A of the Indian Penal Code Police Station City Hansi, district Hissar.

(2.) THE facts are that the FIR was initially registered under Section 304-A of the Indian Penal Code. The name of the petitioners did not figure in the FIR. After the registration of the FIR, the investigation was carried out by the Inspector, Deputy Superintendent of Police and Superintadent of Police, Hisar and they exonerated all the petitioners except petitioner No. 1. The father of petitioner No. 1 is an Ex-M.L.A. from Hansi and belongs to Congress (1) party. On July 30, 1989, Shri Bhajan Lal addressed a rally at Hisar and father of petitioner No. 1 Shri A.C. Makar, also participated in the rally and highlighted the various incidents in which the police had misbehaved with the citizens. He also criticized the Chief Minister, Haryana. On July 31, 11989, the brother of the deceased was instigated and he filed an affidavit alleging foul play in the death of his brother and he introduced the name of petitioner No. 1. The police immediately altered the offences from Section 304-A to Section 302 read with Section 34 of the Indian Penal Code.

(3.) NORMALLY , this Court does not show any indulgence where attribution is made that the petitioners are involved in a murder case but the sequence of events stated above leave no doubt in my mind that the offence has been altered to under Section 302 read with Section 34 of the Indian Penal Code for some extraneous reasons. Political vendetta cannot be ruled out.