State Of Himachal Pradesh And Others vs Manoj Kumar & Others

Anoop Chitkara, J

Both these petitions are being taken up and decided together because arisen from the same FIR. Cr.MP(M) No. 461 of 2021 has been filed by the

State of Himachal Pradesh seeking cancellation of the bail granted by this Court to the accused in their bail petitions Nos. 2282, 2283 and 2284 of

2020, vide order dated 31st December, 2020.

The petitioners have also filed a fresh bail petition Cr.MP(M) No.794 of 2021 on the ground that at the time of previous bail petition FIR was

registered under Sections 452, 323 IPC. Now due to the death of the one of the injured Hari Chand, the Police have inserted Section 304 IPC and

regarding injuries to Har Gopal, converted Section 326 to 307 IPC.

Based on the complaint of Shubham Thakur, the police registered FIR No.99 of 2020, dated 27.12.2020, under Section 452, 323, 325, 326, 341, 506

read with Section 34 of Indian Penal Code, 1860, (IPC), in Police Station, Kasauli, District Solan, Himachal Pradesh, disclosing cognizable and non-

bailable offences.

The status report reveals that the petitioners have no criminal history relating to the offences prescribing sentence of greater than seven years of

imprisonment or when on conviction, the sentence imposed was more than three years.

Briefly, the allegations against the petitioners are that on 26.12.2020, at around 7.00 p.m., when the complainant was in the house of his Uncle

(Tauji), he heard the cries from his house. After that he rushed towards his house and saw the accused-petitioners in the courtyard with

‘Danda’ and ‘Darat’ in their hands. After that on seeing the complainant, the accused-petitioners fled away from the spot, however,

before that they have badly injured the father and uncle of the complainant. After that when the injured were being shifted to the Hospital, the

accused-petitioners have parked their JCB Machines in the middle of the road and blocked it. After that both the injured were taken to ESI Hospital

Parwanoo in 108 Ambulance, from where they were referred to the Government Hospital, Solan. After that, for further treatment, they both were

referred to MMU Sultanpur.

The status report reveals that on 5.1.2021, the injured Hari Chand got convulsion in his home and fell down. After that his family members took him

to ESI Hospital, where the doctors declared him brought dead. The investigator thereafter got his postmortem conducted from the IGMC Shimla,

where the doctor opined the cause of death to be Cardio Pulmonary insufficiency as a result of pulmonary thromboembolism. The Police also got an

additional opinion from the ESI Hospital, where the doctor opined as under:“ After primary treatment, patient was referred to MMU Solan for

radiological investigation and treatment.

On the basis of clinical examination and general condition of patient on 26.12.20, no potential injury was there that could have been lethal to patient.

On the basis of MMU records. There was fracture nasal bone and sephin (sic.) and left shoulder dislocation and patient was stable on discharge.

Opinion:- Injuries sustained by late Hari Chand on 26.12.2020 were non-lethal in nature. Grievous hurt was given on MLC.â€​…………...

After that the State filed an application for cancellation of the bail whereas the accused persons also filed the bail application because of the

addition of new offences of Sections 304 and 307 IPC.

Mr. Sudhir Thakur, learned Senior Advocate appearing for the accused has drawn the attention of this Court to FIR No.98/2020, registered in

Police Station, Kasauli, on 26th December, 2020 at 17.30 hours. He submits that this FIR is prior in time to the FIR registered on the basis of the

complaint of the injured.

ANALYSIS AND REASONING:

Reference to FIR No. 98/20, registered in Police Station Kasauli, reveals that as per the version of the accused the occurrence had taken place in

the fields on account of land dispute. To the contrary, as per the version of the complainant, the occurrence had taken place in their compound. Even

otherwise, at this stage, for the purpose of bail, it cannot be concluded that cause of death of Hari Chand was due to the injuries received in this

incident. Any further observations on this Count may prejudice the case of the prosecution, as such this Court restrains and refrains itself from further

comments. Regarding Section 307 IPC, the investigator without any further medical opinion, simply converted the initial offence of Section 326 to

Section 307 IPC.

It is not disputed that the petitioners are joining investigation. There is also no allegations of their threatening the complainant party, in any manner.

Given above, the petition filed by the State, Cr.MP(M) No. 461 of 2021, for cancellation of bail is dismissed and the petition filed by the accused

Cr.MP(M) No. 794 of 2021 is allowed and they are directed to be released on bail on their furnishing bail bonds, on the same terms and conditions as

was imposed vide order dated 31.12.2020 in Cr.MP (M) Nos.2282, 2283 and 2284 of 2020.

Copy Dasti .