Raja Ram vs Surinder Singh alias Bona

S.K. Jain, J.

FIR No. 93 under Section 302/34 Indian Penal Code and Section 27 of the Arms Act was recorded in Police Station Guhla on March 13, 1992 against the accused, namely, Surinder Singh respondent No. 1, herein and Jai Pal. Jai Pal filed an application for bail before Additional Sessions Judge, Kaithal who vide his order dated 2.4.1992 dismissed the same. Jai Pal filed an application for bail in this Court which was allowed. The other accused Surinder Singh then filed bail application before the Additional Sessions Judge, Kaithal who vide his order dated 6.6.1992 allowed the same. The complainant who is the brother of deceased, Thath Singh has moved this petition under Section 439(2) Cr.P.C. for cancellation of bail. Learned Counsel for the petitioner has argued that the Additional Sessions Judge has exercised its jurisdiction while granting bail arbitrarily inasmuch as he has not considered the nature of offence and the part taken by the accused Surinder Singh in the commission of the crime. He has placed reliance on Major Singh v. Gurdev Singh and others, 1991(3) RCR 73 .

On the other hand Shri Thapar, learned Counsel for the respondent No. 1 has argued supporting the impugned order.

I have given a thoughtful consideration to the rival contentions.

Before proceeding further, it is expedient to examine the FIR which has been reproduced in para 1 of the petition. According to the said F.I.R. Surinder Singh, respondent had fired from his D.B.B.L. Gun on Thath Singh and it had hit him below amblicus as a result whereof he fell down. Then Surinder Singh turned back in the street and by coming forward fired one more shot on lying Thath Singh. It had hit him on his left buttock. Thereafter the respondent had run away alongwith his gun. The part attributed to Jai Pal is that he had called the deceased. Thath Singh from the place where he was playing cards. Raja Ram, an eyewitness, had lodged the said FIR. The learned Additional Sessions Judge has taken into consideration all the relevant circumstances attending the occurrence. He has rightly exercised his jurisdiction while granting bail under Section 439 Cr.P.C. He has considered the nature and gravity of the offence as also the part attributed to the accused in commission of the crime.

According to the FIR the dispute has arisen out of the election of the Sarpanch of Panchayat of village Pedal and the allegation is that the deceased had not supported the candidature of Mohinder Singh, brother of the accused Surinder Singh. In the postmortem report, the injury has been described as under :

"(a) A punctured wound owal shape, size 5.2 cm. x 2.3 cm, into which part of intestine is protuding out, size, about 2.5 cm. margins irregular. Wound present on the left iliac fossa, 10 cm. lateral to symphysis public and 16 cm. from iliac crest margin. On dissection haemoperioneum present. About 1200 CC blood present in peritoneal cavity. Direction of wound is oblique towards left sciatica notch, in between gut is piarced, and pellets embeded in palvic floor. Pellets and other material present in the gravity taken out and sealed in jar and handed over to police. Exploration of cavity carried out and material present in blood put in the sealed jar. No blackening around wound present."

The photo copy of the post mortem report has been placed on the record. Following, opinion has been given by the autopsy surgeon.

"In my opinion, the cause of death in this case is due to sock and haemorrhage as a result of injury on the left iliac fossa and intestine. Injuries caused by pellets. Injuries are antimortem in nature and sufficient to cause the death or ordinary course of events."

The eyewitnesses are the petitioner and brother of the deceased besides Sant Singh and Sama Singh who are independent witnesses.

There is no allegation in the petition that if the accused is allowed to remain on bail he will tamper with the evidence or hamper a fair trial.

In view of the above discussion, I am of the view that there are no grounds, much less compelling, to cancel the bail of the accused. This petition is, therefore, dismissed.