Back
PUNJAB & HARYANA HIGH COURT
Surya Kant, J.
Pohlu
Versus
State Of Haryana
Criminal Miscellaneous No. 14340 of 2007,
Decided On : APRIL 24, 2007
Bail - Land Dispute - The court allowed the petition for regular bail in a case involving a free fight over land possession, where the petitioners, elderly individuals, were alleged to have caused simple injuries to the complainant party. The court directed the release of the petitioners on bail without delving into the merits of the case to avoid prejudicing either party.
Fact of the Case:
The petitioners sought regular bail in a case involving a free fight over land possession, where they were alleged to have caused simple injuries to the complainant party.
Finding of the Court:
The court, without delving into the merits of the case to avoid prejudice, allowed the petition and directed the release of the petitioners on bail to the satisfaction of the Chief Judicial Magistrate, Kaithal.
Issues: The issue involved the petitioners' request for regular bail in a case where a free fight over land possession resulted in allegations of causing simple injuries to the complainant party.
Ratio Decidendi: The court's decision was based on the consideration of the petitioners' elderly status, the nature of the allegations, and the release of their co-accused on bail.
Final Decision: The petition for regular bail was allowed, and the petitioners were directed to be released on bail to the satisfaction of the Chief Judicial Magistrate, Kaithal.
SURYA KANT, J.
1. The prayer in this petition is to release the petitioners on regular bail in FIR No.325 dated 3.11.2006, registered under sections 148,149,323,324,325,341,506,427,307,392 IPC and 25 arms Act, at Police Station, Sadar Kaithal. As is evident from the allegations, there was a free fight between the two sets of persons, who were trying to take forcible possession of the land allegedly belonging to a Dera. Both the parties appear to have received injuries. The petitioners, who are old persons between the age of 65 to 73 years, are alleged to have caused simple injuries to the complainant party. They are in custody since 4.11.2006. Their co-accused have also been released on bail. After hearing learned counsel for the parties and without going into the merits of the case, lest it should prejudice either of the parties, this petition is allowed and the petitioners are directed to be released on bail to the satisfaction of the Chief Judicial Magistrate, kaithal. Disposed of.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
