IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : January 13, 2025 SURAJ .....Petitioner VERSUS STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Dheeraj Narula, Advocate for the petitioner.

Mr. Pardeep Bajaj, DAG, Punjab. KULDEEP TIWARI, J. (Oral)

1. Through the 2^nd instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, on the ground that he has suffered incarceration of more than 4 years and 5 months as on today in case FIR No.186 dated 15.6.2020, under Sections 147, 148, 149, 302, 323 IPC, registered at P.S. Sadar Sirsa, District Sirsa, as the first one having been dismissed as withdrawn vide order dated 1.3.2024 with liberty to re-access this Court in case there was an inordinate delay in conclusion of the trial Court proceedings.

2. The instant FIR was registered on a complaint made by one Chameli Devi w/o late Om Parkash. The relevant extract of the same reads as under:-

“That I am the resident of abovesaid address and doing labour work. I have three sons. The eldest one is Parveen, younger to him is Rohtash and the youngest one is Rakesh. My devar Pappu's son Binder Kumar was having love affair with Indro daughter of Naresh Kumar s/o Sant Lal r/o Rangri Khera now at Majdoor Kisan Brick Kiln, Rangri Road Begu who is working with us on the brick kiln. That 5-6 days earlier, Sanjay Kumar s/o Naresh Kumar seen my nephew Binder Kumar and Indro Devi talking with each other. That Sanjay Kumar the brother of Indro Devi starts having a grudge against Binder Kumar. That on 14.06.2020, at 6.00 PM, my nephew son Binder Kumar had gone to one Shop at Village Rangri for his personal work. That with the intention of fighting, Sanjay s/o Naresh alongwith his friends Monu s/o Mange Ram r/o Begu, Desh Raj s/o Parkash r/o Mangala now residing at Kisan Brick Kiln, Jai Pal s/o Chander r/o Hanumangarh (Raj.) now residing at Kisan Brick Kiln, Rangri Road, Begu had gone to Rangri. In the village at Rangri, some altercation took place between my devar's son Binder and Sanjay the brother of Indro and his friends where the people intervened between them. They returned back at Kisan Brick Kiln. Then Monu made a call to Suraj s/o Jagdish alias Jagga r/o Nattar, Jonna s/o unknown r/o Nattar and other 10-15 unknown persons on phone at 10.00 PM who came there by riding on their motorcycles. They all gathered in the house of Desh Raj s/o Parkash r/o Mangala now residing at Kisan Brick Kiln Rangri Road, Begu. They all started abusing Parveen and Binder. That me and my devar son's Binder, my son Parveen and my devar Pappu objected them not to abuse by standing in the street near the house of Desh Raj then Sanjay and Govind ss/o Naresh and their friends Desh Raj, Suraj, Jyona, Monu and their 10- 15 unknown persons came out from the house of Desh Raj in anger. Sanjay said we teach a lesson to you for falling in love with my sister Indro. My son Parveen was caught hold by Gobind, Sanjay, Desh Raj, Jyona and Monu and started giving slap and feasts blow and Suraj gave a blow of sharp gupti of iron carrying in his hand on the left side of neck of my son Parveen and other 10-15 unknown persons having in their hands lathis and iron rods surrounded my son Parveen and my son was not allowed to be rescued. Then my devar Pappu intended to save my son Parveen then they inflicted injuries to my devar Pappu. Then we raised a noise Mar Diya Mar Diya. Then the other labours of the brick kiln start coming. Then they fled from there alongwith their respective weapons on motor-cycles. Then me and my nephew after arranging a vehicle, got my son Parveen Shifted to Govt. Hospital, Sirsa. Doctor Sahab declared my son Parveen to be dead.

That Govind, Sanjay, Desh Raj, Jyona, Monu and Suraj and 10-15 unknown persons in collusion with each other killed my son Parveen by inflicting injuries. Legal action be taken against Suraj etc, above said.”

3. In this case, the post-mor