Jasbir vs State Of Haryana

Avneesh Jhingan, J

The matter is taken up for hearing through video conference due to COVID-19 situation.

This petition is filed for grant of regular bail in FIR No. 521 dated 5.11.2019, under Sections 148, 149, 302, 323, 452, 354, 506-A IPC registered at

Police Station Safidon, District Jind.

The FIR was at the instance of Kapil. It was stated that on 03.11.2019 about 8/8.30 PM, he along with his father was present at home when Jai

Karan armed with Gandasi, Roshan having Sickle and Sanjay having danda entered their house. Jai Karan and Roshan gave gandasi and sickle blows

on the head of his father. Sanjay dragged his father, outside the house. When the complainant tried to rescue his father Sanjay gave danda blow to

him. During the treatment, father of the complainant died on 10.11.2019.

Learned counsel for the petitioner submits that no specific injuries have been attributed to the petitioner either in the FIR or in the statements recorded

under Section 161 Cr.P.C. of Major, Karambir Singh and eye-witness Sunita. He relies upon MLR and postmortem report to submit that there is one

head injury and other five injuries are abrasion and contusion. The cause of the death is mentioned as craniocerebral injury and complications caused

by blunt force impact to the head. It is further submitted that there are 24 prosecution witnesses and till date not even one has been examined. The

petitioner is in custody since 16.11.2019.

Learned State counsel submits on instructions from ASI Vinod Kumar that the matter was re-investigated under the supervision of Inspector General

and earlier investigation was found correct. During re-investigation it was concluded that Jasbir was not present at the spot and 11 accused were

found innocent. He has no instructions that any specific injury was attributed to the petitioner. However, he submits that the petitioner was the person

concerned who collected others and incident occurred.

Considering the custody period; the fact that the trial is likely to take time; there is no specific injury attributed to petitioner; out of 17 accused, 11 have

been found innocent and the fact that co-accused have been granted bail by this Court vide order dated 21.1.2021, the petitioner is ordered to be

released on bail subject to furnishing surety/bail bonds to the satisfaction of learned trial Court/Duty Magistrate concerned.