The seriousness of the offence, misuse of bail, and necessity of custodial interrogation are key factors in determining the grant of interim bail.

Nirmal Singh, J.

1. This is a petition under Section 438 Cr.P.C. for grant of bail in FIR No. 109 dated 10.4.2001 under Sections 307/324/148/149 IPC registered at P.S. Division No. 5, Ludhiana.

2. The case against the petitioners was registered on the statement of Ram Sharan Dass, relevant part of the FIR reads as under.

"I am a resident of House No. 2849, Sector 40-C, Chandigarh. I am posted as JE in Irrigation Department in Sector 34. My marriage was performed in the year 1998 with Renu d/o Dharam Pal r/o Nabha. Two children were born to Renu. Renu had expired in 1996 in the month of June. My in-laws implicated me in a false case under Section 304-B IPC, which is lying pending in the Court. I then married Annu Sharma d/o Sh. Kishan Chand Sharma r/o Una in November 1997. My in-laws and all relatives became angry on this. My brother-in-law (Jija) Sushil Kumar s/o Harbans Lal r/o Chet Singh Nagar, Gill Road, Ludhiana was shot at near Hambran Village by Sabash, Amit and one more unknown person who were given a pistol by Ramesh Bhardwaj, Vijay Bhardwaj, Madan Bhardwaj, Vinod Bhardwaj against whom a case u/ss 307, 120-B IPC under Act of 25, 27, 54, 59 was registered in PS Hambran, for which I and my Jija Sushil Kumar are prosecuting the same proceedings. Today, this case was fixed in the Court of Shri G.R. Beniyal, ASJ. I alongwith my Jija Sushil Kumar came to appear in the court at about 10 a.m. Ramesh Bhardwaj, Subhash Bhardwaj, Vijay Bhardwaj, Madan Bhardwaj, Vinod Bhardwaj and Amit Bhardwaj came from Nabha to Ludhiana. Immediately after their arrival, Romesh addressed to me asking as to why we did not desist from giving evidence and he further said if I had forgotten incident of Sangrur. Then all of them remarked that put an end to their matter today. The began to give threastings (thrashings ?) to me and Sushil Kumar. Subash Chander gave a knife blow on the head of Sushil Kumar my Jija and he fell down, Madan Lal gave a knife blow on his right leg when he lay down and remaining persons i.e. Vijay Kumar hit him on the shoulder and next with danda (baton) and Amit Kumar hit on his left thigh, left deltoid with his danda. The others gave fist blows. The police officials standing there separated us. They could have killed us".

3. The petitioners moved an application for bail before the Addl. Sessions Judge, which was dismissed on 8.5.2001. Petitioners then applied for bail in this Court and interim bail was granted by K.S. Kumaran, J. on 15.5.2001.

4. During the pendency of this petition, when the petitioners were on interim bail, except Subash Chander-petitioner No. 3, the other petitioners caused injuries to Sushil Kumar, as a result of which Sushil Kumar had died and FIR No. 136 dated 4.7.2001 has been registered under Sections 302/148/149 IPC.

5. Learned counsel for the petitioners submitted that subsequent event cannot be taken into consideration. The complainant party is getting registered one case after the other.

6. I have considered the submissions made by learned counsel for the petitioners but find the same without any substance.

7. In this case, there are allegations that Subash Chander gave knife blow on the head of Sushil Kumar and Madan Lal, petitioner gave blow with knife to Sushil Kumar on his right leg. The injuries are on the vital parts. Furthermore, a person who misuses the concession of bail is not entitled to the benefit of provisions of Section 438 Cr.P.C. There are serious allegations against the petitioners that petitioners gave injuries to the complainant party in the court compound when the complainant party had gone to attend the court in the connection with a case registered against them under Section 304-B IPC.

8. Taking into consideration the seriousness of the offence, the antecedents of the petitioners and the fact that investigation is at the initial stage and custodial interrogation is necessary, no ground is made out to release the petitioner on interim bail. Hence, this petition is di