Gurdev Singh and Another vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of regular bail to the petitioners, Gurdev Singh and Tej Pal, who have 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.

Learned counsel contends that the petitions have not been attributed any injury on the persons of Noor Mohammad and Islam who allegedly sustained injuries attracting the mischiefs of Sections 307 and 326, IPC. He further submits at best, it was alleged that the petitioners, Gurdev Singh and Tej Pal, had caused injuries on the persons of Chand Ali and Yamin by means of "lathis" but these injured had not been medico-legally examined. He further submits that the petitioners are behind the bars from the second week of April, 2013. It has also been contended that after investigation, the charge-sheet (report u/s 173, Cr.P.C.) has already been submitted before the learned Court below.

Learned counsel for the State very fairly concedes that the petitioners have not been assigned the injuries attracting the mischiefs of Sections 307 and 326, IPC. The injured persons, namely, Chand Ali and Yamin to whom the petitioners alleged to have caused injuries by means of "lathis" have not been medico-legally examined. He also concedes that the charge sheet has already been presented before the learned Court below and the petitioners are behind the bars from the second week of April, 2013.

Learned counsel for the complainant submits that the petitioners in connivance with their co-accused have committed a heinous crime attracting the mischiefs of Sections 307 and 326, IPC, etc., so, they are not entitled to bail.

Heard.

The petitioners have been assigned injuries by means of "lathis" on the persons of Chand Ali and Yamin, who have not been medico-legally examined. The injuries attracting the mischiefs of Sections 307 and 326, IPC, have been attributed to co-accused, namely, Kuldeep, Sarvjit, Gurmukh Singh and Gurcharan. The petitioners are behind the bars for the last four months and the charge-sheet has already been submitted. 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. Petitioners Gurdev Singh S/o Sh. Puran Singh and Tej Pal S/o Sh. Joginder Singh, both residents of Village Nehra Majra, Tehsil Shahabad, District Kurukshetra, are ordered to be released on bail during pendency of the trial of the present case subject to their furnishing bail bonds to the satisfaction of the learned trial Court.