Israil and Others vs State of Haryana

M.M.S. Bedi, J.—This order will dispose of this petition for grant of pre-arrest bail filed by the Petitioners in a case, which was registered at the instance of Tahir Hussain alleging that on 7.9.2010 a dispute arose between the complainant family and the Petitioners pertaining to a public passage. Petitioner No. 1 Israil is alleged to have slapped the brother-in-law of the complainant, Petitioners 2,3 and 4, armed with ballam and sticks, respectively, had inflicted injuries on the forehead of son of the complainant. Petitioner No. 2 is alleged to have hit son of the complainant Amjad with a sharp edged iron weapon. Petitioner No. 3 has thrown a stone, hitting on the upper lip and nose of the son of the complainant. When an attempt was made by the complainant to save his son, Alim had allegedly given a stick blow on his ankle, resulting in the fracture of the ankle. Petitioner No. 5 is alleged to have raised a lalkara.

Learned Counsel for the Petitioners has submitted that certain injuries have been suffered by the Petitioners, which have not been explained by the prosecution agency. MLR of Petitioner No. 1 has been placed on record indicating that he had received a simple injury on his thumb.

Learned Counsel for the complainant has intervened to argue that injuries have been inflicted upon an eight year old boy by the Petitioners besides causing a grievous injury on the person of the complainant, as such, they should not be granted the concession of pre-arrest bail.

A perusal of the file indicates that Petitioner No. 1 himself is injured and he has not been attributed any grievous injury. Petitioner No. 3 is alleged to have thrown a stone. Petitioner No. 5 is alleged to have raised only a lalkara. The iron sharp edged weapon held by Ashu is not clearly explained in the FIR. Taking into consideration the totality of the circumstances and considering the nature of the injuries attributed to Petitioner No. 4 Alim, he cannot be granted the concession of pre-arrest bail. Petition on behalf of Petitioner No. 4 Alim is dismissed. However, petition qua Petitioner No. 1 Israil, Petitioner No. 2 Ahsu, Petitioner No. 3 Irshad and Petitioner No. 5 Sabahu is allowed and interim order dated 7.10.2010 is hereby confirmed qua them and it is ordered that in case of arrest of the Petitioners 1,2,3 and 5,they will be released on bail to the satisfaction of the arresting officer subject to the condition that the Petitioners will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. The petition of Petitioner No. 4 Alim is dismissed without prejudice to his rights to seek the concession of regular bail after surrendering before the Illaqa Magistrate or the police.