Amarjeet Singh vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of regular bail to the petitioner, Amarjeet Singh, who has been booked for having committed the offences punishable under Sections 148, 307, 323, 324, 326 and 506 read with Section 149, IPC, in a case arising out of FIR No. 59, dated 26.02.2013, registered at Police Station, Shahabad, District Kurukshetra. Learned counsel contends that as many as eight persons have been booked for having caused simple and grievous injuries on the persons of Noor Mohammad, Islam and Abdul Shakur. Noor Mohammad has received injuries attracting the mischief of Section 326, IPC, at the hands of Kuldeep Singh and Sarvjit Singh. Islam received injuries attracting the rigor of Sections 307 and 326, IPC, by means of "Gandasi" at the hands of Gurcharan and Gurmukh. He further submits that the petitioner Amarjit Singh though attributed the injuries by means of "Lathi" on the persons of Chand Ali and Yamin, but the said injured were not medico legally examined. He also contended that the petitioner is behind the bars from 12.04.2013 and after investigation the charge-sheet (report u/s 173 Cr.P.C.) has already been presented before the learned Court below.

Learned counsel for the State very fairly concedes that the petitioner, Amarjeet Singh, has been attributed injuries on the persons of Chand Ali and Yamin, but both the said injured were not medico-legally examined. He also concedes that the petitioner is behind the bars from 12.04.2013.

Learned counsel for the complainant submits that the petitioner in connivance with his co-accused has committed a heinous crime attracting the mischiefs of Sections 307 and 326, IPC, etc., so, he is not entitled to bail.

Heard.

The petitioner has been attributed injuries by means of "Lathi" on the persons of Chand Ali and Yamin, but the alleged injured have not been medico legally examined. It is conceded case of the prosecution that the petitioner did not cause any injury on the persons of Noor Mohammad and Islam who had received injury attracting the mischiefs of Sections 307 and 326, IPC. The petitioner is behind the bars for the last four months and the charge-sheet has already been submitted before the Court below. The applicability of Section 149, IPC, would be a moot point during the course of trial. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner Amarjeet Singh S/o Jarnail Singh, R/o Nahar Majra, Police Station, Shahabad, District Kurukshetra, is ordered to be released on bail during pendency of the trial of the present case subject to his furnishing bail bonds to the satisfaction of the learned trial Court.