Dharamender vs State of Haryana

Sat Pal, J.

Heard. Mr. Aggarwal, learned counsel for the petitioner, submits that in this case, the petitioner was also injured and in support of this fact, he has produced a copy of the MIR of the petitioner. He further submits that the injured Joginder Singh belonging to the complainant party who is alleged to have been injured by Kulhari blow given by the petitioner on his head was admitted in the Hospital on 5th May, 1995 and was discharged on 7th May, 1995, He, therefore, contends that the present case could be under Section 326 IPC and not under Section 307 IPC and as such, the petitioner should be enlarged on bail. He also submitted that all the coaccused of the petitioner have been granted bail by the learned trial Court, Lastly, he submitted that the petitioner has been in custody since 6th May, 1995, and as such he should also be released on bail.

Mr. Dewan, learned AAG, Haryana, however, submits that the petitioner had given a Kulhari blow on the head of the injured Joginder Singh and as per the MIR of the injured, he had got a compound fracture on the scalp. He, however, submits on instructions from Head Constable Rawat Singh, PS Kanina that the said injured Joginder Singh was admitted to the hospital on 5th May, 1995 and discharged on 7th May, 1995.

After hearing the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for grant of bail of the petitioner. Accordingly, I direct that the petitioner shall be released on bail on furnishing bail bond in the sum of Rs. 10,000/ with one surety in the like amount to the satisfaction of C.J.M. Narnaul. A copy of this order be given dasti on proper payment.

JUDGMENT accordingly.