The High Court dismissed a petition filed by the complainant seeking cancellation of bail granted by the trial court to two respondents charged with murder and explosive danger in an un-traced case from 2002.
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Crl.M. No. M-34959 of 2009 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M. No. M-34959 of 2009 (O&M) Date of decision : 17.5.2011
Sadique
................Petitioner
vs.
State of Haryana and others
.................Respondents
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. Karan Pathak, Advocate for
Sh. Gautam Dutt, Advocate for the petitioner
Sh. Amit Rana, Deputy Advocate General, Haryana.
Sh. Sarfraj Hussain, Advocate for respondents No.2 and 3.
K.C. Puri, J.
This is a petition for cancellation order dated 27.10.2009 (Annexure P-3) passed by Additional Sessions Judge, Nuh Mewat, vide which respondents No. 2 and 3 have been granted the concession of bail.
FIR No. 183 dated 4.12.2002 under Sections 302/307 IPC read with Section 5 of the Explosive Things Act, was registered at Police Station Nagina, Tehsil and District Mewat, by recording the statement of complainant/petitioner which reads as under:-
“that he (Saddik son of Hamida r/o village Moolthan,
Crl.M. No. M-34959 of 2009 -2-
P.S. Nagina) does the work of labour at the poultry farm of Amin r/o Village Moolthan, the poultry farm, situated adjacent to the village's (Firni) Rasta. He has three children, out of which Inzamam-Ul-Haq, aged 6 years is the eldest one and two are elder than the Inzamam-Ul-Haq. On 4.12.2002, his son Inzaman-UlHaq, his sister Hakiman, aged 7 years, Chamman son of Parma Nand, aged 6 years, Pushpa daughter of Prem Chand, aged 4 years, all the above said four children adjoining to field of Suraj Bhan, Caste Baniya (Aggarwal) which was given on Batai to Pahlu Ram by Shri Suraj Bhan and the Mustard crop was sown by the Pahalu Ram, the above said four children were playing in the said field. At about 4.00 P.M. the noise of blast was heard and fume was seen. He, Asgar son of Suleman, Prem Chand son of Fakira and many other persons reached at the spot and saw that on the face of Inzamam-Ul-Haq at left eye and chest, feet, toe there were injuries on the above mentioned body part of Inzamam-Ul-Haq and the boy fell down on the earth due to the injuries. He died on the spot and it was seen that there was a thing like brunch was inside. The right shoulder of the Inzamam-Ul-Haq, the girl Hakiman, Pushpa and Chaman got injured on hand, feet, mouth, stomach and on chest like pinhead. The villagers brought Chaman, Hakiman, Pushpa to the
Crl.M. No. M-34959 of 2009 -3-
Al-Afia Hospital, Mandikhera.”
The case was investigated and ultimately un-traced report was submitted, in which petitioner filed the protest petition. Ultimately, the complainant/petitioner filed the complaint under Sections 302,307 IPC read with Section 5 of the Explosive Things Act, in which respondents No.2 and 3 have been summoned to face trial. Vide impugned order, the respondents No. 2 and 3 have been granted bail.
I have heard counsel for both the sides and have also gone through the record of the case.
It is a complaint case. The occurrence relates to the year 2002. In the FIR itself, name of respondents No. 2 and 3 does not appear. There is a cancellation report. So, all these facts clearly shows that respondents No. 2 and 3 have been rightly granted bail by the trial Court.
No ground for cancellation of bail is made out.
Consequently, the petition stands dismissed.
( K.C. Puri ) Judge
17.5.2011 chugh
1 issue framed by the court
Whether the petition for cancellation of bail granted to respondents Nos. 2 and 3 should be allowed.
Sadique
State of Haryana
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
