The Supreme Court today granted interim protection to a 73-year-old man named as an accused in a case related to stone-pelting along with his family members and firing gun-shot at the complainants.
The matter was listed before the bench of Chief Justice N.V. Ramana, Justices Surya Kant and Hima Kohli. The Court has issued notice to the State of Haryana. The plea was filed challenging the order of the Punjab and Haryana High Court which had vacated the interim protection granted to the accused.
The High Court while dismissing the bail application filed under Section 438 of CrPC had noted,
“Just because another accused Abdulla had been arrested and has now filed a petition under the provisions of Section 439 of the CrPC, that would not entitle the petitioner to continue to remain on interim bail in my opinion, this petition being one filed under the provisions of Section 438 of the CrPC.”
The contentions of the counsel raised before the Punjab and Haryana High Court were that statement of witnesses proves that Aas Mohammed was not even present at the spot. An FIR dated 15.10.2019 got registered at Police Station Sadar, Nuh, alleging therein the commission of offences punishable under Sections 148/149/323/307 of the IPC and Sections 25/54/59 of the Arms Act, 1959.
“Gunshot was fired by another accused Abdulla,” contended petitioner Aas Mohammed before the High Court.
The state counsel’s arguments before the High Court were that the witnesses had also received a gunshot injury. The state further argued that many gunshot injuries having been received by those who got injured in the occurrence, the country-made pistol that was stated to have been used in the occurrence, is still to be recovered, with the petitioner not getting it recovered.