Jai Bhagwan Alias Bhagwana vs The State Of Haryana
2023 Latest Caselaw 4070 P&H

                        CRM-M-38765-2022 (O&M)                   -1-         2023:PHHC:051891


                          IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                        232-A
                                                                 CRM-M-38765-2022 (O&M)

                                                                 Date of Decision: 13.04.2023

                        Jai Bhagwan @ Bhagwana
                                                                                   .... Petitioner


                                                  Versus

                        State of Haryana
                                                                                   .... Respondent


                        CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA


                        Present: -    Mr. Sanpreet Sandhu, Advocate for the petitioner.

                                      Mr. Gaurav Bansal, AAG, Haryana.

                        ASHOK KUMAR VERMA, J. (ORAL)

Custody certificate dated 12.04.2023 filed by learned counsel

for the State is taken on record.

The petitioner has filed the present petition under Section 439

of the Code of Criminal Procedure, 1973 for grant of regular bail in case

FIR No. 245 dated 24.04.2021 registered under Sections 323 and 302 read

with Section 34 IPC (Sections 148 and 149 IPC were added later on) at

Police Station Indri, District Karnal.

According to the prosecution story, on 23.04.2021 at around

4:00 P.M., when Shivam @ Shiva @ Raja (deceased), was dancing in the

marriage of his friend Vijay at village Kalri Nanhera, then co-accused Jai

Bhagwan armed with lathi had tried to stop the DJ, upon which Shivam @

Shiva, raised objection. The deceased and his companions had told Jai RISHU KATARIA 2023.04.15 15:17 I attest to the accuracy and authenticity of this order/judgment CRM-M-38765-2022 (O&M) -2- 2023:PHHC:051891

Bhagwan that they would stop the DJ after sometime. On this, Jai

Bhagwan, started hurling abuses upon Shivam in anger. Thereafter, on

hearing the noise, brother of Jai Bhagwan and his sons armed with lathis

and dandas also reached at the spot and started hurling abuses upon the

compalinant party. Jai Bhagwan, aforesaid gave a lathi blow on the head

of Shivam. Thereafter, Sonu and other companions reached at the spot

and when they tried to rescue Shivam and his friends, the assailants have

also caused injuries to aforesaid Sonu, Ankush, Angrej Singh and others.

On raising hue and cry, public gathered at the spot and all the assailants

have fled away from the spot along with their respective weapons.

During treatment, Shivam was expired.

Learned counsel for the petitioner, inter alia, contends that the

petitioner has falsely been implicated in the instant case as the allegations

levelled against the petitioner are false and concocted one. Learned

counsel for the petitioner further contends that out of total 29 prosecution

witnesses, 10 have already been examined by the trial Court. All the

material/star witnesses, namely, (i) PW-1 Vikas, brother-in-law of

deceased; (ii) PW-2-Ankush-injured eye-witness; (iii) PW-3 Sohan Lal @

Sonu-injured; (iv) PW-4 Aman-eye-witness; (v) PW-5 Angrej Singh-

injured; (vi) Mahinder Singh-Uncle of deceased-Shivam, have been

declared as hostile because they have not supported the prosecution

version. Petitioner is in custody since 02.05.2021. Trial is likely to take

time and no purpose will be served by keeping him in custody. Thus, it is

prayed the petitioner may be released on regular bail.

On the other land, learned State Counsel has vehemently

RISHU KATARIA 2023.04.15 15:17 I attest to the accuracy and authenticity of this order/judgment CRM-M-38765-2022 (O&M) -3- 2023:PHHC:051891

opposed the submissions made by learned counsel for the petitioner.

I have heard learned counsel for the parties and carefully

gone through the record.

Keeping in view the facts and circumstances of the case,

custody period of the petitioner, the fact that conclusion of trial shall take

sufficient long time and also the fact that all the star/material witnesses

have been declared hostile as they have not supported the prosecution

case, but without commenting on the merits of the case, I am of the

considered view that the petitioner deserves the concession of regular bail.

Accordingly, the present petition is allowed and

petitioner-Jai Bhagwan @ Bhagwana, is ordered to be released on regular

bail subject to his furnishing bail/surety bonds to the satisfaction of the

trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

Pending application(s), if any, stand disposed of in view of

the abovesaid judgment.

                        13.04.2023                                    (ASHOK KUMAR VERMA)
                        rishu                                                JUDGE


                                      Whether speaking/reasoned              Yes/No

                                      Whether Reportable                     Yes/No




RISHU KATARIA
2023.04.15 15:17
I attest to the accuracy and
authenticity of this order/judgment