Sarwan @ Sanha vs State Of Haryana

Avneesh Jhingan, J

These matters are being taken up for hearing through video conference due to COVID-19 situation.

These two petitions i.e. CRM-M-21969-2020 and CRM-M-25774-2020 are filed by Sarwan @ Sanha and Davender, respectively, seeking regular bail

in case FIR No. 521, dated 05.11.2019, under Sections 148, 149, 302, 323, 452, 354, 506-A of the Indian Penal Code, 1860 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 and 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 Sajay gave danda blow to him.

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

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

recorded under Section 161 Cr.P.C. of Major, Karambir Singh and of 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 petitioners are in custody since 16.11.2019.

Learned counsel for the State relies upon the affidavit dated 20.10.2020 of Sh. Jitender Kumar, Deputy Superintendent of Police, Jind, District Jind. It

is submitted that as per the directions of this Court, Â the matter was re-investigated under the supervision of Inspector General and the investigation

done by IO- Chhattarpal Singh was found correct. During the re-investigation, it was found that Jai Karan was not present on the spot at the time of

the alleged incident, 11 other accused were found innocent. Further no specific injury is attributed to the petitioners.

Considering the custody period; the trial is likely to take time; there are no specific injuries attributed to the petitioners and out of 17 accused, 11 have

been found innocent, the petitions are allowed. The petitioners are ordered to be released on bail subject to their furnishing surety/bail bonds to the

satisfaction of learned trial Court/Duty Magistrate concerned.

Before concluding, it would be necessary to note that this Court on 08.09.2020 in CRM-M-25774-2020, ordered that till completion of re-investigation,

Inspector Chattarpal Singh shall not be entrusted with any other investigation. Considering that the investigation done by him has been upheld, there is

no occasion for the said directions to continue.