Mekhi vs State of Haryana

S.S. Saron, J.—Heard counsel for the parties.

This order will dispose of Criminal Miscellaneous No. M-10328 of 2011 filed by Mekhi son of Beer Singh and Criminal Miscellaneous No. M-10375 of 2011 filed by Sunil Kumar son of Vikram. The respective Petitioners in the two petitions seek pre-arrest bail in a case registered against them for the offences under Sections 148, 149, 323 and 307 IPC, besides Section 25 of the Arms Act 1959.

The FIR in the case has been registered on the statement of Parmi who has alleged that on 10.12.2009 at about 5.30 p.m. he was returning to his house after irrigating his wheat crop field. When he reached near graveyard, then Ajay and others including Mekhi (Petitioner in Crl. Misc. No. M-10328 of 2011) and Sunil Kumar (Petitioner in Crl. Misc. No. M-10375 of 2011) came from the village side armed with guns. In the incident Sunil (Petitioner in Crl. Misc. No. M-10375 of 2011) has also given a butt blow from his gun. On this, Parmi fell down and they all understood that he had died. Mekhi (Petitioner in Crl. Misc. No. M-10328 of 2011) who is said to be armed with Danda, along with others had also caused injuries and had given blows on the person of the injured Parmi.

The case relates to assault by as many as 29 persons who were armed with lathis, dandas, pharsa, ballam and saria and caused injuries to Parmi and Samay Singh. The learned Sessions Judge, Palwal in his order dated 28.5.2010 while declining pre-arrest bail to the co-accused of the Petitioners has observed that injuries on the person of Samay Pal were dangerous to life which were on non-vital part. Samay Pal has received gun shot injuries which though are not attributed to the Petitioners. In any case, the Petitioners'' role is to be ascertained in the context of Section 149 IPC. The Petitioners are alleged to have created an unruly scene in the village along with their co-accused. Learned Counsel for the State and the complainant have submitted that the Petitioners have been declared Proclaimed Offenders. The learned Counsel for the State has submitted that the weapons used by the Petitioner are yet to be recovered and their custodial interrogation is required.

Keeping in view the number of accused and the fact that the Petitioners had been declared Proclaimed Offenders, besides, the weapons of offence are to be recovered, no ground for pre-arrest bail is made out.

The criminal miscellaneous petitions are accordingly dismissed.

However, in case the Petitioners surrender before the Police within three days of the receipt of copy of this order, their application for regular bail shall be considered by the concerned Court within five days, after excluding the period of police remand, if any.