Jaswant Singh vs State of Haryana

K.S. Garewal, J.—Counsel submits that the petitioner was not present when the occurrence took place and he reached the spot after Varender Gaba had already been injured by his co-accused. Petitioner had come in a Tata Sierra along with three other persons. It is alleged that the petitioner fired shots in the air and also hit the deceased. The deceased had four injuries on the head, three incised wounds and one lacerated wound. The deceased had died after 12 days. Dalbir Singh alias Billu Mann co-accused of the petitioner was admitted to bail by this Court on March 218, 2001. Although the case of the petitioner is not identical to the case against Dalbir Singh. yet it is not on the same footing as three accused who had initially attacked Varinder Gaba namely Kimti Lal alias Jhota (referred to as Tangewala in the FIR), Hanuman alias Ram Parknsh and Ram Pal alias Raju (referred) to as third man in the F.I.R.). The petitioner is alleged to have fired from his pistol but the shot did not hit any one. Petitioner is also alleged to have inflicted injuries on the deceased but it is not clear whether those find corroboration from the medical evidence. This would be a question for the trial court to be determined. In the circumstances, petitioner deserves bail. Bail to the satisfaction of the Chief Judicial Magistrate, Kamal.

Nothing observed above shall be taken as expression on the merits of the case.

Petition allowed.