VINAY DHAWAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Vinay Dhawan, who is behind bars since 7.5.2018, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, praying therein for grant of regular bail in connection with FIR No. 110/18, dated 7.5.2018, under Section 302 read with Section 34 of IPC, registered at P.S. Baddi, District Solan, H.P.

(2.) Sequel to order dated 13.6.2019, SI Mehar Singh Chauhan, P.S. Baddi, District Solan, H.P., has come present alongwith records. Mr. Kunal Thakur, learned Deputy Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency.

(3.) Record made available to this Court reveals that on 7.5.2018, complainant namely Jagmohan got his statement recorded under Section 154 Cr.PC., at PS Baddi, District Solan, H.P., alleging therein that on 6.5.2018, at 5:00 pm, when he had gone to his fields near Omexe colony, he saw deceased Harjinder Pal getting the construction of room done in his field. He further alleged that at 6:00 pm, above named Harjinder Pal went to his shop i.e. Kanishk Gasage and thereafter at 8:00pm, accused Ramesh, who runs City Cable at Baddi, came on the spot alongwith his son and other four five people. Firstly, above named accused hurled abuses at deceased Harjinder Pal and thereafter gave him merciless beatings using swords, daggers and knives etc. As per complainant, when deceased Harjinder fell on road on account of beatings given to him by the accused Ramesh Dhawan, present bail petitioner and with other persons, accused Ramesh Dhawan ran over his vehicle bearing HP12H-0389 (XUV) over the deceased Harjinder Pal. Complainant as well as other persons present on the spot tried to stop Ramesh Dhawan and other persons, but he succeeded in fleeing away from the spot. Complainant Jagmohan with the help of other people took the deceased Harjinder Pal to CHC Baddi. On the basis of aforesaid statement made by the complainant, formal FIR as detailed herein above came to be lodged against the accused namely Ramesh Dhawan and Vinay Dhawan i.e. present bail petitioner. As per investigation Ramesh Dhawan, who allegedly ran over the vehicle over the deceased Harjinder Pal absconded and subsequently, he was arrested at Sales Tax Toll at Baddi, whereas present bail petitioner, who happens to be son of Ramesh Dhawan, came to be arrested from his house on the same day.