Virender Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Present petition under Section 438 of the Code of Criminal Procedure has been preferred by the petitioner in FIR No.321/2020, dated 26.08.2020, under Sections 324, 326 and 506 of the Indian Penal Code, registered at Police Station Una, District Una.

Interim protection was granted to the petitioner vide order dated 08.09.2020.

According to the status report, the case against the petitioner was registered on the basis of statement of one Rajni Bala recorded under Section 154 of the Code of Criminal Procedure on 26.08.2020. Her grievance in the complaint was that the petitioner was her neighbour and on the date of incident, i.e. 26.08.2020, was raising his wall alongside boundary wall of the house of the complainant. He continued raising his wall beyond the height of boundary wall of the complainant. This was objected to by Surjeet Singh-Grandfather of the complainant. A scuffle between the two ensued. According to the complainant, the petitioner using a sickle inflicted injuries on Surjeet Singh's head and left hand. Seeing this, complainant and her other family members, viz. her mother Smt. Usha Devi, Aunt Smt. Promila Devi and Uncle Sh. Rakesh Kumar, rushed to the spot and tried to stop the petitioner. In the process, petitioner also caused injury to the complainant's hand.

Investigation was carried out. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. According to the status report, MLCs of Surjeet Singh and Rajni Bala records that injuries sustained by them can be caused by the weapon shown and kind of weapon used has been reflected as 'Sharp Weapon'. Injury suffered by Surjeet Singh was reported as grievous.

Learned counsel for the petitioner prayed for confirmation of the interim protection granted to him vide order dated 08.09.2020. She submitted that the petitioner is a retired Army Personnel and resides alongwith his seventy years old and mentally unstable father in his house, which is adjacent to the house of the complainant. On the day of incident, petitioner was renovating his house and was raising retaining wall adjoining to his house. The construction being carried out by the petitioner on his owned land was objected to by the grandfather of the complainant, even though it was not on their land. In this process, the complainant alongwith her family members, totalling five including two male members, attacked the petitioner and manhandled him. Petitioner also tried to save himself and his father.

Mr. Munish Dhatwalia, learned counsel appearing for the complainant has opposed this petition for grant of bail alleging that the petitioner had caused grievous injury on Surjeet Singh's head.

Learned Assistant Advocate General submitted that pursuant to the interim protection granted to the petitioner, he has joined the investigation and is co-operating with the Investigation Agency. He also submitted that custodial interrogation of the petitioner is not required. He has however prayed for imposition of stringent conditions upon him with respect to his joining the investigation as and when directed by the Investigating Agency.

Considering the nature of allegations levelled against the petitioner, the offence alleged to have been committed by him and the mode & manner in which it was allegedly committed, no fruitful purpose will be achieved by keeping the petitioner in custody. Apparently, the scuffle took place because of objections raised by the complainant's family to petitioner's raising of a retention wall. According to the status report, the petitioner has joined the investigations and is co-operating with the same. No recovery remains to be effected from him. Status report does not indicate any previous criminal antecedent of the petitioner. He is a resident of Village Bangarh Pukhru, Post Office Jakherta, Tehsil and District Una, therefore, his presence can be ensured in the trial. Accordingly, the instant petition is allowed and the interim protection granted to the petitioner vide order dated 08.09.2020 is made absolute subject to the terms & conditions mentioned therein. However, it is made clear that in case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is clarified that the observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter.

Authenticated copy of the order be supplied by the Secretary to learned counsel for the parties.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.