Ashib Khan vs State of Haryana - 2025 Supreme(P&H) 129

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 129

MANJARI NEHRU KAUL
Ashib Khan – Appellant
Versus
State of Haryana – Respondent

Advocates:
Advocate Appeared:
Mr. Aditya Sanghi Adv., Mr. Ashish Sanghi Adv., Mr. Pradeep Bhardwaj Adv., Mr. Yuvraj Shandilya AAG, Haryana, Mr. J.P. Sharma Adv.

JUDGMENT :

Manjari Nehru Kaul, J.

The petitioner is seeking the concession of bail under Section 439 Cr.P.C. in case FIR No.221 dated 09.09.2023 under Sections 148 , 149, 302, 307, 323, 325, 506, 34 of the IPC registered at Police Station Sadar Kanina, District Mahendergarh.

2. Learned counsel for the petitioner contends that the petitioner has been in custody since 20.09.2023. As per the FIR, the petitioner along with a number of other co-accused, allegedly attacked the complainant party, including the deceased, using weapons such as axes, iron rods and sticks. However, as per the learned counsel, the medical evidence, including the medico-legal report and the post- mortem report of the deceased, reveals that the deceased sustained only three injuries, i.e. one on the head and two other injuries on his forehead and near his shoulder.

3. Learned counsel for the petitioner further contends that if multiple accused had indeed attacked the deceased with lethal weapons, as alleged, it is improbable that the deceased would have sustained only these limited injuries. It has also been argued that the occurrence took place in open fields, and the petitioner side also suffered injuries, includi

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