Amar Singh vs State of Haryana

The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.127 dated

24.02.2018 registered for offences punishable under Sections 148/149/323/307/506 of Indian Penal Code (for short, “IPCâ€) and 25 of the Arms

Act, at Police Station Camp Palwal, District Palwal.

Heard.

Learned counsel for the petitioner submits that it is a no injury case. As per allegations in the FIR, petitioner-Amar Singh had fired a shot at Amit, but

he was not hit and then he (Amar Singh) fired shot at complainant-Parkash Singh but the bullet passed touching his ear. Earlier to this incident, FIR

No. 857 dated 07.11.2017 was registered against Amit and Dheeraj, who came to the police station and caused injuries to petitioner-Amar Singh in the

police station itself. They had also thrown away papers of ASI Dharambir, who was writing the statements of parties. This FIR is a counter-blast of

that FIR to compel the petitioner to compromise the matter.

The petitioner was arrested in this case on 14.06.2018. After completion of investigation challan against him has been presented in Court. It is a no

injury case. The enmity between the parties is apparent from the earlier FIR registered against Amit and Dheeraj, who as per allegations in that FIR

had come to the police station and caused injuries to petitioner in the presence of police.

In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably

long time, the present petition is allowed. Petitioner-Amar Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the

satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-

(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be

competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall

have to apply for bail afresh.

(c) He shall not leave the country without the previous permission of the Court.