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2014 Supreme(P&H) 195

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Inderjit Singh
Criminal Misc. No. M-44063 of 2013
Karambir
v.
State of Haryana
{Decided on 11/03/2014}

Advocates:
For the Petitioner:Mr. H.N.Sahu, Advocate.
For the Respondent-State:Mr. Subhash Godara, Additional Advocate General, Haryana.

Headnote:Criminal Procedure Code, 1973, S.439--Bail--Attempt to Murder--Grievous Hurt--Petitioner is the main accused, he was simply armed with 'danda' and inflicted 'danda' blow on head which has been declared as dangerous to life--Held; Petitioner was not armed with any deadly weapon--Petitioner also received injuries--It is a case of version and cross-version--Bail granted--Indian Penal Code, 1860, Ss.307 & 323. (Para 5)

       

JUDGMENT

Mr. Inderjit Singh, J.:- Petitioner Karambir has preferred this petition under Section 439 Cr.P.C., seeking regular bail in case FIR No.223 dated 28.08.2013, registered at Police Station Pundri, District Kaithal, under Sections 148, 149, 323, 452, 307 IPC (Section 307 IPC added lateron).

2. Learned counsel for the petitioner contended that the injury with ‘danda’ is attributed to the petitioner. Learned counsel for the petitioner further contended that it is a case of version and cross version and petitioner has also received injury.

3. On the other hand, learned State counsel opposed the bail application.

4. I have heard learned counsel for the petitioner and learned State counsel and have gone through the record.

5. From the record, I find that firstly it is a case of version and cross version. It is also stated that persons, from the petitioner’s side, also received injuries. Though, the petitioner is stated to be the main accused but he was not armed with any deadly weapon. He was simply armed with ‘danda’ and inflicted ‘danda’ blow on the head of Sajjan Kumar, which injury has been declared as dangerous to life. The petitioner has also received injury. It is still to be determined by the trial Court as to who is the aggressor party. The petitioner is in custody since 04.09.2013. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case.

6. Therefore, keeping in view the facts and circumstances of the present case and without discussing the facts of the case in minute details and without expressing any opinion on the merit of the case, the present petition is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds in the sum of Rs. 40,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kaithal.

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