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Judgment
8 paragraphs · 409 wordsS.S. Sudhalkar, J.
This is an application for bail of the petitioner who was arrested in connection with FIR No. 250 dated 13.12.1995 at Police Station Pundri, District Kaithal for the offence under Sections 307/324/323 and 326 of the Indian Penal Code. After two unsuccessful attempts before the Sessions Judge, the petitioner has filed the bail application before this Court.
I have heard learned Advocate for the petitioner and learned Advocate for State of Haryana.
Learned Advocate for the petitioner has argued that though the injuries may be grievous in nature but the injuries could not be said to be the cause of death in the ordinary course of nature. Therefore, Section 307 of the Indian Penal Code is not applicable.
Learned Advocate for State of Haryana has argued that the injuries were on the vital part of the body and one of the injuries has resulted in the fracture of the skull. No doubt, the injuries are grievous but this does not disentitle the petitioner to bail at this stage. At the time of granting bail, the court has not to decide whether the petitioner is innocent or guilty. If the petitioner is released on bail and if he is not going to hamper the process of the investigation, it cannot be said that the bail is to be refused in this case.
Learned Advocate for the petitioner further argued that the challan has been presented in the court and he has shown to me a copy of the MLR and has stated that the doctor has opined that the injuries could be dangerous to life and according to him it is not a case under Section 307 as it is not a case where injury was sufficient to cause death. I do not go into the merits of the case so far whether a case under Section 307 is made out or not but the seriousness of the above injuries should not prejudice the release of the petitioner on bail, specially in view of the opinion of the doctor.
In view of above, I allow this application and order that the petitioner be release on his furnishing bail bond in the sum of Rs. 20,000/ with one surety in the like amount. The bail bond be executed before the Chief Judicial Magistrate, Kaithal.
The petitioner shall not enter Pundri except on the way of going to the court at Kaithal.