The court granted bail to the petitioner who was in custody for over a year while another co-accused in the same case had already been released on bail.
Petitioner released on bail to the satisfaction of the trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.No. M- 29217 of 2012 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M.No. M- 29217 of 2012 (O&M) Date of decision : 20.11.2012
Munish Kumar @ Solanki
................Petitioner vs.
State of Haryana
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. Bijender Dhankar, Advocate for the petitioner.
Sh. Amandeep Singh, Assistant Advocate General, Haryana.
K.C. Puri, J.
Munish Kumar @ Solanki – petitioner has applied for grant of bail in FIR No. 123 dated 10.8.2011 under Sections 452, 323, 307, 429/34 IPC and Section 25 of the Arms Act, registered at Police Station Bilaspur, District Yamuna Nagar.
The law was set in motion by recording the statement of Kamal Kumar s/o Tek Chand, who has stated that on the fateful night he alongwith his wife was sleeping in the verandah of his house and his father Tek Chand and mother Bala Rani were sleeping on
Crl.M.No. M- 29217 of 2012 -2-
chaubara. At about 1.00 am (mid-night) somebody gave fist blow on his head due to which he got up and saw that one person was standing towards his head and the second person was standing towards his legs. Both of them were inflicting fist blows and third person was standing with them holding a weapon like revolver. At that time there was no electric current. On hearing the notice, his wife Rajni also got up and when he and his wife raised notice, their dog started barking, on which his father Tek Chand and mother Bala Rani also came down. The person who was holding revolver fired a shot on their dog due to which the dog died. At the same time, the accused who was holding revolver in his hand, pointed it towards him and when his father tried to rescue him, he fired a shot aiming at his father, which did not hit him. His father caught hold of the said person, on which another person took the same revolver and inflicted injuries with the same on his head, due to which the blood started oozing out. In the meanwhile, the inverter was started and the lights were on. Thereafter, all the three accused ran away from the spot. It is further mentioned that out of those, one of the culprits appeared to be Karna.
Karna was allowed the concession of bail vide order dated 28.3.2012 by the Sessions Judge, Yamuna Nagar. Bail application of the petitioner was rejected on the ground that the complainant has recognized the petitioner.
Since, Karna has been allowed the concession of bail and the petitioner is in custody for the last about one year, so, it makes out a case for grant of bail to the present petitioner.
Crl.M.No. M- 29217 of 2012 -3-
So, the present application stands accepted. Petitioner Munish Kumar @ Solanki is ordered to be released on bail to the satisfaction of the trial Court.
( K.C. Puri ) 20.11.2012 Judge chugh
1 issue framed by the court
Whether bail should be granted to the petitioner considering that another accused was released on bail earlier in the same FIR.
Munish Kumar @ Solanki
State of Haryana
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
