LAWS(HPH)-2020-6-56

BUTA SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On June 26, 2020
BUTA SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Bail petitioners namely Buta Singh and Sohan Lal, who are behind bars since 10.2.2020, have approached this Court in the instant proceedings, filed under Section 439 Cr.PC, praying therein for grant of regular bail in case FIR No. 14/2020, dated 10.2.2020, under Sections 341, 427, 307, 109, 120-B, 201 and 202 read with Section 34 of IPC, registered at PS Sadar, District Solan, H.P.

(2.) Status report filed in terms of order dated 14.5.2020, suggests that on 10.2.2020, person namely Gitesh Kaith, lodged a complaint at PS Sadar, District Solan, alleging therein that he is a driver of car bearing registration No. HP-64-A-7539 owned by Sh. Raj Kumar Mittal. Above named complainant alleged that on 10.2.2020, while he alongwith Smt. Amita Mittal wife of Sh. Sanjay Mittal was going towards Saproon post office from Solan Bazar, one car of Tata make (number plate missing) overtook his vehicle and stopped the same. He alleged that three persons sitting in the aforesaid car attacked him as well as Smt. Amita Mittal with axe and smashed front and side windows of the car being driven by him. Complainant alleged that had he not saved himself, he alongwith Smt. Amita Mittal would have suffered grievous injuries and as such, appropriate action, in accordance with law, be taken against the occupants of the car of Tata make.

(3.) After having received aforesaid complaint, police apprehended the vehicle of the accused at Parwanoo check post and brought all the occupants of the car including present bail petitioners to Police Station Sadar, District Solan, H.P. After completion of codal formalities, police lodged FIR, detailed hereinabove, against all the accused persons on 10.2.2020 and since then present bail petitioners are behind the bars, whereas two other accused namely Rohit Sharma and Sukhdev Singh, stand enlarged on bail vide order(s) dated 30.4.2020 and 27.5.2020 passed by this Court in Cr.MP(M) No.491 of 2020 and Cr.MP(M) No. 622 of 2020.