- (1.) PRAYER made in the petition is for grant of pre -arrest bail to the petitioner in case FIR No. 48 dated 25.2.2010 registered at Police Station Chandhut for offences under Sections 302, 307, 324, 148, 149 IPC and Section 25 of the Arms Act.
(2.) THE facts leading to filing of the present petition are that on 24.2.2010 at about 9.00 p.m., complainant Kanwar Pal, alongwith his brother Raju and others, was sitting near his office when Raju, Satbir, Bijender and Karambir (petitioner) came there on two motorcycles. They stated that they had taken the contract of sand and asked the complainant and his companions as to why they were sitting there. The complainant and his companions stated that they also had a contract of sand at Pahladpur. On hearing this, Bijender started abusing the complainant and others. Meanwhile, one Safari car, in which Ramji, Bikram, Ravi and Dharambir armed with gun, rifle, pharsas, etc. and one Swift car, in which 4/5 boys were sitting came there. All those persons opened an attack. Bijender fired a shot from his rifle which hit the complainant on his right arm.
(3.) COMPLAINANT 's brother Raju was given knife blows in his stomach by Bikram. The petitioner, namely, Karambir fired a shot from his rifle which hit Pankaj on his head. Satbir fired from his gun hitting Satinder on his left leg. Dharambir gave pharsa blow to Inderjit at his temporal region. Raju gave a knife blow to Krishan, whereas Ravi gave a pharsa blow from its wrong side on the head of Raghubir. An alarm was raised and all the assailants ran away from there while carrying their respective weapons. Pankaj died at the spot on account of fire arm injury. Rest of the injured were sent to the hospital. Complainant Kanwar Pal then made a statement before SI Ranjit Singh, on the basis of which FIR No.48 dated 25.2.2010 was registered at Police Station Chandhut under Sections 148/149/302/307 IPC and Section 25 of the Arms Act. During investigation of the case, the petitioner was declared innocent. After the completion of the investigation, the police presented the challan against nine accused, namely, Satbir Singh, Ramji Lal, Bikram, Raju @ Rajesh, Suresh, Bijender, Dharambir, Ravi and Ranbir. As regards the petitioner, it was mentioned that the investigation was in progress. In view of the same, the prosecution was directed to submit the status report in respect of the petitioner. On 6.2.2014, the prosecution submitted the status report mentioning therein that the petitioner was not involved in the occurrence. Rather, on the date of the occurrence, he was away to Goverdhan Ji on pilgrimage in order to offer his Parikarma. The trial, thus, proceeded against the aforementioned nine accused only. In support of its case, the prosecution examined 19 witnesses, whereafter the application under Section 319 Cr.P.C. came to be moved by the complainant through the Public Prosecutor. After going through the statements of PW6 Kanwar Pal, PW7 Inderjit and PW9 Krishan, who deposed that they had witnessed the occurrence and the petitioner was the one who had fired the shot which resulted into an injury on the head of Pankaj, since deceased, learned Additional Sessions Judge, Palwal vide order 13.2.2014, allowed the application under Section 319 Cr.P.C. and summoned the petitioner as an additional accused. Apprehending his arrest, the petitioner filed an application for the grant of anticipatory bail but the same has been dismissed by the Additional Sessions Judge, Palwal vide order dated 13.3.2014.;