K.C. Puri, J. - (1.) RAFI @ Rafik and Subbu - Petitioners have applied for grant of bail in FIR No. 271 dated 9.8.2010 under Sections 148, 302, 323, 427, 452, 506, 149 IPC, registered at Police Station Hath in, District Palwal.
(2.) THE law was set in motion by recording the statement of Khursid /so Balla @ Sakur who has stated that: That today on 09.08.2010 at 5 a.m (1) Sabbu (2) Janu (3) Abdul (4) Jit Khan Zarina (5) Hakam (6) Issa out of (1) Sabbu s/o Munshi (2) Janu s/o Nur (3) Abdul s/o Amin (4) Jeet Khan s/o Chawli (5) Hakam s/o Mulak Jan (6) Jarina w/o Janu (7) Issa s/o Rasala (8) Rahish s/o Chawli (9) Dinu s/o Chawli (10) Sahun w/o Chawli (11) Israil s/o Jafar Khan (12) Fateh s/o Israil (13) Sahun s/o Isab (14) Khalil s/o Jabar Khan (15) Rafi s/o Khalil (16) Satar s/o Munshi (17) Akbari w/o Jeet Khan (18) Khatooni w/o Sahun (19) Amrubi w/o Rahish (20) Rashid s/o Sabhu (21) Abid s/o Sattar(22) Sajid s/o Salem (23) Hamid s/o Salem (24) Sakri s/o Safi (25) Aarif s/o Jit Khan (26) Nasim s/o Dinu (27) Hura s/o Sabbu (28) Tofik s/o Khussi (29) Khussi s/o Kamru came with prior consultation, when we were sleeping at our house armed with sword, lathi, rod and attacked Aasika aged about 3 years d/o my brother Razak; gave rod and lathi etc. blow to our daughter and throw her on the floor. She died on the spot and before me Arif gave a Farsa blow to Alam and Rafi, Fateh, Assu s/o Maluk Jan, Usman s/o Kotwal Mubarak s/o Usman and Assu s/o Kazandin gave lathi blow and gave a rod blow on the back and suffered lathi injuries and the women folk caused damage to the house by pelting stones. And the aforesaid accused wanted to settle the previous case under Section 376 IPC and were also threatened to kill. Strict action be taken against these accused and justice should be given to us. Mahmood s/o Chawli was also involved in the quarrel. Witnesses (1) Umar s/o Rashid (2) Khurshid s/o Balla @ Sakur (3) Mahbbob s/o Balla @ Sakur (4) Sehjad s/o Hemat sd/ Khurshid Applicant. Khurshid s/o Balla @ Sakur village Malokhda dated 09.08.2010 Police action. The co -accused Khatooni, Rahish, Mehmood and Ali have been allowed the concession of regular bail vide Crl.M. No. 36260 of 2010 for reasons recorded in that petition.
(3.) LEARNED State counsel is fair enough to concede that case of the Petitioners is similar to that of the above mentioned co -accused.;