R.D. Shukla, J. -- 1. This application under section 439(2) of the Code of Criminal Procedure, has been filed against the order dated 28.10.1991 of Shri A.K. Patel, Judicial Magistrate, First Class, Gadarwara, whereby the accused non-applicants have been granted bail- allegedly in cases triable by the Court of Session. During arguments, counsel for the State also supported the application for cancellation of bail.

2. The brief history of the case in that, on the report of applicant Munnihai, Crime No. 144/91, under sections 147, 148, 149, 323, 324, 307, 325, 354 and 506-B of the I.P.C. was registered against these non-applicants. The incident is said to have taken place of 26.10.1991 at 8.00 A.M., in village Moregaon. Munnihai, Ramlal and Radheshyam received injuries in that incident. Ramlal was admitted in the hospital for treatment. X- ray examination of his injuries was also done by which fracture of right tibia hone was found. Injured Radheshyam and Munnibai received simply injuries. Learned Magistrate, while passing the order, has observed that section 307 of I.P.C. has subsequently been added. From perusal of the police-ease-diary, he further found that the alleged grievous injuries had been caused by hard and blunt object, and there is no case of attempt to commit murder, or a case of causing grievous injuries by dangerous weapons. As such, the learned Magistrate has, holding it to be a case under section 147, 148, 149, 324, 325 and 506-B of I.P.C., granted bail to the accused persons. Hence, this application for cancellation of bail.

3. Learned counsel for the applicants has contended that the case clearly falls under section 307 of the I.P.C. - as Ramlal received many injuries including incised wounds, punctured wounds, contusions resulting in fracture of tibia bone and injuries on thigh. His dying declaration was also recorded. It has further been submitted that the learned Magistrate committed an error by appreciating evidence and since there is prima facie case punishable under section 307 of I.P.C., he ought not to have shown indulgence by granting bail to the accused persons. As against it, learned counsel for the accused non- applicants have submitted, that there are no reasonable grounds for believing that the accused persons have committed an offence punishable under section 307 of I.P.C. and, therefore, learned Magistrate was justified in granting bail.

4. On perusal of record, it appears that though Munnibai received four simple injuries, but Ramlal sustained nearly 11 injuries, out of these, 3 injuries were incised wounds, i.e., (1) on the anterior middle aspect of parietal bone, (ii) at the root of left toe and (iii) at the anterior aspect of upper right leg. Injury No.5 (B) was a punctured wound. There was fracture of right tibia and fibula as well. The Doctor, who examined these injuries, has not mentioned as to what type of injury was on the upper right leg which resulted in fracture of right tibia and fibula. However, the Doctor, who operated, found two repaired wounds on the scalp and one incised stab wound on second rib (right side) of Ramlal. Fracture in leg was found in-between the two incised wounds and nearly whole area between the two incised wounds was injured. Thus, there were grievous injuries on the body of Ramlal caused by dangerous weapons like axe, spear and other cutting weapons. It appears that condition of Ramlal was serious and, therefore, his dying declaration was also recorded. Under these circumstances, even if section 307 of the I.P.C. was not mentioned, but, on a plain reading of the police-case-diary, there was sufficient ground to show that the grievous injuries by dangerous weapon has been caused and, therefore, the case would be covered under section 326 of the I.P.C.

5. There cannot be any hard and fast rule in the matter of granting or refusing bail with reference to the offences under which the crime is registered. The case of each accused has to be considered on its own