NANAK CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 439 of the Cr.PC, a prayer has been made on behalf of the bail petitioner for grant of bail in FIR No. 42 /2015 dtd. 8/10/2015, under Ss. 302, 201, 307, 147, 148, 149, 109, 114 of the IPC and Ss. 25 and 27 of the Arms Act, registered at P.S. Pangi, District Chamba.

(2.) Sequel to order dtd. 19/6/2017, ASI Budhi Singh, P.S. Pangi, has come present along with records. Record perused and returned. Mr. M.L. Chauhan, learned Additional Advocate General, has also placed on record status report, which has been prepared on the basis of record of Whether the reporters of the local papers may be allowed to see the judgment investigating agency. Perusal of report as well as record of investigation suggests that on 7/10/2015, one Shri Brij Lal got his statement recorded . under Sec. 154 of the Cr.PC, alleging therein that he works as a labourer and on 5/10/2015, Smt. Jhallu Devi, wife of Shri Chaman Singh informed him over the telephone that she has been informed by Chain Singh over the telephone that on 4/10/2015 while he and his brother Dev Raj had been collecting herbs, at Sidhani Dhar Pangi, eight unknown persons gave beatings to him as well as Dev Raj with 'dandas', and fled away from the spot. He further alleged that when both of them had covered some distance, some unknown persons fired a gun shot as a result of which, Dev Raj expired, whereas Chain Singh managed to flee from the spot. On the basis of aforesaid report, investigating agency started investigation and on 15/10/2015, recorded statement of Chain Lal.

(3.) Shri N.K. Thakur learned, Senior counsel representing the petitioner, while inviting attention of this Court to the order dtd. 3/11/2016, passed in Cr.MP No. 1225 of 2016 by Co-ordinate Bench of this Court stated that co-accused namely Nanak Chand, S/o Shri Mohan Lal, has been already enlarged on bail by this Court. He further stated that vide order dtd. 16/6/2016, this Court has also released other two co- accused namely Surender Kumar and Anand Kumar on bail taking note . of the fact that none of these persons were accused of having fired the gun shot. Mr. Thakur, while inviting attention of this Court to the status report having been filed by the Investigating Agency stated that as per own story of the prosecution, gun shot was fired by Shri Dharam Singh.