Usman Alias Mohammad Usman vs State Of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1521

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Usman Alias Mohammad Usman – Appellant
Versus
State Of Haryana – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Tushar Gautam, Advocate
For the Respondent:Mr. Bhupinder Singh, DAG, Haryana; Mr. Vinay Kumar Pandey, Advocate

JUDGMENT :

Kuldeep Tiwari, J. (Oral)

The gravamen, which are encapsulated in the instant petition is the long incarceration suffered by the petitioner i.e. more than 1 year and 3 months as on today, therefore, the petitioner has filed the instant petition, seeking the relief of regular bail in case FIR No.158 dated 19.07.2023 under Sections 148/149/323/506/302 of IPC, 1860 (Section 302 of IPC, was added later on) registered at Police Station Pinangwan, District Nuh.

2. The prosecution agency was set into motion on a statement suffered by the complainant Sahid s/o Kasam (brother of the deceased) wherein, he alleged that the petitioner along with other co-accused caused injuries to his deceased brother Sakul. In pursuance of his statement, earlier the FIR was registered under Sections 323/148/149/506 of IPC. The injured, who is brother of the complainant, suffered injuries at the hands of the accused mentioned in the FIR, unfortunately died on dated 07.09.2023 which led the prosecution agency to invoke the provision of Section 302 IPC in the instant FIR. The relevant extract of the statement of the complainant reads as under:-

'That on 19.07.2023, the complainant Sahid son ofKasam, came