Shamsher vs State of Haryana

S.S. Saron, J.—Heard learned counsel for the parties.

The petitioner Shamsher seeks regular bail pending trial in a case registered against him for the offence u/s 307 IPC.

The FIR in the case has been registered on the statement of Akash Chawla- complainant. It is alleged that on 3.5.2008 at about 9.00 p.m. the

complainant Akash Chawla after taking his dinner was going to the nearby shop for getting a cigarette. When he reached in front of the shop of

Shishu Pal, two boys were sitting on the wooden bed outside the shop. The names of the said persons are Karnail Singh alias Jordhan and

Shamsher (petitioner) who were known to the complainant. Karnail Singh asked the complainant as to why the complainant had raised a quarrel

with them two days back. The complainant replied as to why they were abusing him after taking liquor. At this Karnail Singh caught hold of the

complainant from behind while Shamsher (petitioner) hit the complainant with the broken bottle in his abdomen and chest. Karnail Singh took a

wooden `danda'' and hit him on his arm near the elbow and he also hit him on his back. The complainant raised an alarm and after hearing his alarm

Vikas Chawla, brother of the complainant and another person, namely, Santosh Sharma who had come to the brother of the complainant came at

the spot. The neighbours also came out. On seeing them Karnail Singh and Shamsher (petitioner) fled away from the spot.

It may be noticed that Akash Chawla, the injured complainant in the case has been discharged from the hospital. The trial in the case is going on

and Dr. Sanjeev Gupta, Medical Officer, Civil Hospital, Panipat has been examined as PW-1. In his deposition, it is inter alia stated that the Police

had moved an application (Ex.PB) on 10.5.2008 for obtaining opinion regarding the injuries mentioned in the medico-legal report. The doctor had

seen the report of Jaipur Golden Hospital and discharge summary of the said hospital. On the basis of the same the Police had obtained his opinion

which was (Ex. PC). It was opined by Dr. Sanjeev Gupta (PW-1) that the injuries were dangerous to life. The effect of the injuries and the

deposition of Dr. Sanjeev Gupta (PW- 1), Medical Officer, Civil Hospital, Panipat would more appropriately be considered and gone into after

evidence in the case has been concluded. At this stage, it would be premature to comment upon the same. The petitioner is in custody since

16.5.2008. The trial in the case is likely to take time. His custody is not required for the purpose of investigation. Besides, it is not shown to be a

pre-meditated occurrence and is said to have taken place at the spur of the moment.

In the facts and circumstances, the criminal miscellaneous petition is allowed and the petitioner Shamsher on his furnishing personal bond and

surety to the satisfaction of the learned Chief Judicial Magistrate, Panipat shall be admitted to bail.