DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIR No. 340 dated 30.5.1998 has been registered at Police Station City Gurgaon under Sections 307, 353, 332, 333, 186, 392 etc. and Sections 24, 54 and 59 of the Arms Act on the statement of Sham Charan. The allegation therein is that the complainant and other police officials had produced accused Surinder, Dharmbir and others in the court at Gurgaon on 30.5.98, and they were waiting for getting the warrants. The complainant was standing in the Verandah of the Court alongwith the said accused who gave a push to the complainant and tried to escape. It has further been alleged that three-four young persons got down from a Tata Sumo, got released accused Surinder and Dharambir from the custody of the complainant and took them away in the said Tata Sumo. It has also been alleged that when the complainant chased raising alarm, one of the persons boarded the Tata Sumo and fired at the complainant and the shot him him on his right shoulder and mouth, and that all the accused escaped.

(2.) PETITIONER approached the Sessions Court, Gurgaon for bail under Section 439 Cr.P.C., but his request was declined. Therefore, the petitioner has approached this Court for the same relief.

(3.) THE contention of the learned counsel for the petitioner is that the name of the petitioner is not in the FIR, and that no identification parade was also held to identify him. He also points out that the petitioner has been in jail for more than a year. The learned counsel for the State, on the other hand, contends that the Tata Sumo was hired and the driver of the said vehicle was confined in a school, and thereafter, the vehicle had been used in this offence. According to the learned counsel for the petitioner, Satpal the driver of the said Tata Sumo has mentioned in his statement under Section 161 Cr.P.C. that he was confined in the school, and the Tata Sumo was taken by accused-Suresh and Ashok. But the learned counsel for the petitioner contends that even Ashok and Krishan have been granted bail apart from other co-accused Harbhajan Singh and Randhawa who have also been granted bail.