Jagdish @ Pinki vs State of Haryana

M.L. Singhal, J.

This is a criminal Misc. No. 8702M of 1999 whereby Jagdish alias Pinki is claiming regular bail under Section 439 Cr.P.C. in case F.I.R. No. 758 dated 23.8.1998 registered at Police Station NIT Faridabad under Sections 148, 149, 323, 324, 307, 302/34 IPC.

The prosecution case, in brief, that Ajay alias Sonu resident of 5G/16, NIT Faridabad is dealing in the sale of Dhaak Pattas. About one month prior to 23.8.1998 there was a dispute between him and his friend Harjeet alias Dadu caste Goldsmith because of some money transaction with S/Sh. Kamal Preet, Bobby and Twinkle etc. Report with regard to that incident was lodged with the police and the police had taken action against Ajay @ Sonu etc. also. Later on due to the intervention of the Panchayat of inhabitants of Gurdwara dispute was settled. On 23.8.98 at about 9/9.30 p.m. he and his friend Harjeet alias Dadu were standing in front of Gurdwara Panchayati and Twinkle, Bobby, Goldi and their father Surjit Singh residents of Bhagat Singh Colony, Faridabad and Jagdish alias Pinky caste Punjabi (Juneja) came with common intention. Surjeet armed with sword and Twinkle etc. were armed with knives and they challenged them that they would teach them a lesson for beating Kamalpreet and then they had succumbed to the pressure of the respectables of their castes for settlement of the dispute. Jagdish alias Pinky said that they will kill Harjeet alias Dadu and they should save their lives if they could. Real brother of Harjeet namely Manjit alias Vikky and Harmeet Singh son of Bhagwan Singh reached there who were unarmed. Twinkle inflicted knife blows in the abdomen of Dadu and Goldy inflicted knife blow on the chest and both legs of Dadu and Jagdish inflicted knife blow on the face of Dadu. Ajay alias Sonu, Harmeet and Manjit tried to rescue Dadu from their onslaught and fury of the accused persons. They raised hue and cry ''Maar Diya Maar Diya''. Accused ran away. Harjit alias Dadu was taken to the hospital by Ajay alias Sonu and Manjit. He was referred to EMC Faridabad after first aid for further management. Harjeet alias Dadu died because of the injuries according to the doctor, who performed post mortem examination on the dead body of Harjeet alias Dadu.

In support of prayer for bail to Jagdish petitioner, his learned counsel submitted that as per the prosecution case, petitioner inflicted injury on the face of deceased Harjeet alias Dadu but no corresponding injury was found on the face of the deceased by the doctor, who performed post mortem examination on the dead body. It was submitted that if no injury on the face of the deceased was found, his participation in the occurrence would be doubtful. It was submitted that the absence of the injury on the face of the deceased would negate the presence of Jagdish alias Pinky accused at the spot.

I have gone through the post mortem report.

Argument advanced by the learned counsel for the petitioner requires further scrutiny which is possible only by the learned trial Court and that too after the trial is over. I deem it appropriate to allow bail to the petitioner because if I go a little further to examine the tenability of this submission, there might be prejudice to either party so far as the trial of the case on merits is concerned.

Bail to the petitioner to the satisfaction of Chief Judicial Magistrate, Faridabad.