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2022 Supreme(SC) 1378

VINEET SARAN, ANIRUDDHA BOSE
Puran Mal – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. R. Basant, Sr. Advocate, Mr. Ishaan George, Advocate, For the Appellant / Mr. Anil Kaushik, Addl. AG Ms. Anju Kaushik, Advocate, Mr. Vishwa Pal Singh, Advocate, Mr. Shishir Mathur, Advocate, Mr. Viresh B. Saharya, Advocate, Mr. Akshat Agarwal, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. The respondent no. 2 (Mahesh Kumar) is an accused in a case for offence under Section 302 of the Indian Penal Code, 1860 (for short 'IPC'). The bail application of the respondent no. 2 was rejected by the Trial Court on two occasions. Thereafter, the High Court has allowed the bail application of the respondent no. 2. The complainant has filed this appeal by way of special leave petition questioning legality of the order granting bail to the respondent no.2.

3. In brief, the facts of the case are that the deceased, who was the brother of the complainant/appellant, had received fatal injuries and died between the night intervening 16/17.06.2020.

4. The submission of the learned counsel for the appellant seeking, in substance, cancellation of the order granting bail is that there was a long standing rivalry between the deceased and the respondent no. 2 and on 16.06.2020 evening itself there was a scuffle between the two in which the deceased had received injuries and he had lodged a complaint in his own handwriting with the police station at 08.00 p.m. (which was registered subsequently on the next date). After lodging FIR, the deceased had gone to the hospital

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