Ved Parkash alias Ved Ram vs State of Haryana

M.L. Singhal, J.

Ved Parkash alias Ved Ram is seeking bail through this Crl. Misc. Petition No. 24036M of 1998 in case FIR No. 383 dated 4.2.1998 under Sections 324/307/148/147 of the Indian Penal Code registered at Police Station, Central Faridabad. He has prayed that till the disposal of this petition, order dated 4.9.1998 passed by the Addl. Sessions Judge, Faridabad that he should not be arrested and the order dated 4.9.1998 passed by the Addl. Sessions Judge, Faridabad that he shall not be arrested for a period of seven days be extended.

The prosecution case, in brief, is that Daya Nand son of Shri Ami Chand had a case against Ram Gopal in the Court of Smt. Sunita Goyal, JMIC, Faridabad regarding the house plot. He had obtained status quo order regarding the said house plot. On 2.4.1998 during the day time Ram Gopal started raising construction on this plot. He gave an application to Khan Havaldar Incharge Police Post, Sector 8 Faridabad. There, he and Ram Gopal were called. Khan Havaldar asked them to produce the documents and told them that neither party would raise construction. Daya Nand alongwith Kunwar Bhan son of Dunger Singh Brahmin resident of Sini went to the Police Post and told the Incharge of Police Post that Ram Gopal had again started construction and Havaldar sent two Constable and they removed the masons and told Ram Gopal that no construction would be made. Sharwan Advocate who is soninlaw of Ram Gopal, Ram Kishan son of Ram Gopal and Ram Gopal etc. went to the Police Post and Police Post Incharge said that neither party would raise construction and the parties would produce documents so that he could satisfy himself and instruct the parties not to raise quarrel and he sent both the parties home. At the Chowki Ram Kishan son of Ram Gopal and Sharwan Advocate said that the construction will go on and they would show the necessary documents after reaching home and threatened that Daya Nand etc. would be finished on the way. Daya Nand, Master Kanwar Bhan son of Dungar Singh, Mangal Singh son of Rup Singh, Dhan Singh son of Radhe Lal and Daya Nand''s son Lekh Raj started for going to his house on foot. Ram Kishan, Sarwan Ram Gopal etc. started in their Maruti van. When Daya Nand etc. reached in front of the Baithak and Kanhiya Lal Lambardar in the street, they saw Ram Gopal with lathi, his son Ram Kishan and Om armed with knives, Nandan with sword, Ved Parkash with chhura and Sharwan with iron rod. Ram Gopal wielded lathi on Daya Nand but Daya Nand caught hold lathi. In the meantime, Nandan dealt one sword blow to Daya Nand, which hit him on his head. Daya Nand fell down. On dealt one knife blow, which hit Daya Nand on the left side of his back. Ved Parkash dealt knife blow, which hit Daya Nand. Ram Kishan dealt knife blow in the abdomen of Daya Nand. Sarwan dealt blow with iron rod which hit Daya Nand.

Learned counsel for the petitioner submitted that earlier the case was registered under Section 324 IPC. It was later on that offence was converted into offence under Section 307 IPC. It was submitted that coaccused have been granted prearrest bail while Ved Parkash petitioner was not granted prearrest bail as the injury "dangerous of life" has been attributed to him. It was submitted that the Additional Sessions Judge, Faridabad rejected the petitioner''s prayed for prearrest bail without going into the facts and the case though he allowed prearrest bail to all others. Petitioners came to this Court for anticipatory bail. Vide order dated 21.8.1998 this Court declined his prayer for anticipatory bail but directed that the petitioner will seek regular bail by making an application before the Court within fifteen days of 21.8.1998 and if he made any such application that would be decided on merits in accordance with law and in case his prayer for regular bail is declined, he would be given seven days more time to approach the higher Court. During that period, he shall not be arrested. It was submitted that in pursuance of this direction given by this Court on 21.8.1998 petitioner made an application for regular bail which was declined by the learned Addl. Sessions Judge vide order dated 4.9.1998. Petitioner has not been to the jail at all so far.

When petitioner made an application for regular bail before learned Addl. Sessions Judge, Faridabad he was not sent to jail nor was he allowed interim bail pending decision on the prayer for regular bail. Daya Nand was way laid by Ved Parkash alias Ved Ram, Om, Ram Kishan, Nand Kishore, Ram Gopal and Sharwan Kumar who were variously armed. Ram Kishan, Ved Parkash and Om Parkash were armed with knives. Nand Kishore was armed with sword, Ram Gopal was armed with lathi, Sarwan Kumar was armed with iron rod. All of them gave injuries to Daya Nand. To Ved Parkash alias Ved Ram injury "dangerous to life" has been attributed. It do not see any equity in favour of Ved Ram for his release on bail. It will be sad commentary on the administration of criminal law in our country, if none of those alleged to form an unlawful assembly and causing injury/injuries falling within the ambit of Section 307/324 IPC remains in detention even for a moment. Daya Nand was allegedly given injuries on his head with a sword by coaccused Nand Kishore. He was allegedly given injury with knife in his abdomen by Ved Ram and on his back with a knife by Om Parkash. The injury in the abdomen was declared "dangerous to life" by the doctor.

Learned counsel for the petitioner submits that if the offence was initially bailable and it became nonbailable afterwards due to the opinion of the doctor, the concession of bail should not be withheld. In support of this submission, he drew my attention to Saudagar Singh v. State of Punjab, 1996(1) RCR 456 where the offence was one under Sections 452, 336, 323, 324 IPC and the accused was allowed prearrest bail and subsequently offence u/ss 307/326 IPC was added but prearrest bail already allowed to the accused was not withdrawn to him and was made absolute.

In 1996(1) RCR 456 the learned Sessions Judge had declined anticipatory bail. It was at the motion stage that this Court allowed ad interim pre arrest bail and at the time of final disposal of the bail plea, the prearrest bail allowed to him at the motion stage was made absolute. In this case I do not feel that there is any equity in favour of the petitioner when he and others allegedly caused injuries to Daya Nand with various weapons. This Crl. Misc petition fails and is dismissed. Interim bail granted to the petitioner by Hon''ble Mr. Justice S.C. Malte, J vide order dated 11.9.1998 is revoked. Petitioner shall now surrender before the CJM Faridabad who will send him to jail. If the petitioner himself does not surrender before CJM Faridabad, he will issue nonbailable warrants of arrest and commit him to jail. After the petitioner is sent to jail, he may apply for regular bail before the Court of Sessions. If he applies for regular bail before the Sessions, Court, Learned Sessions Judge, Faridabad himself would dispose of that application.