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#42
% 08.08.2011
Present: Mr.Rajendra Sahu, Advocate for the petitioner.
|Vis. Jasbir Kaur, APP for the respondent/State with
Investigating Officer Inspector Om Singh, SHO, P.S.
Kalyanpuri.
+Crl.M.A.No. 9242/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Bail Appln. 1085/2011
Ms. Jasbir Kaur, APP accepts notice on behalf of the respondent/State. She has filed status report, which is taken on record.
This is an application seeking anticipatory bail in case FIR NO. 234/2011 under Sections 307/34 IPG, P.S. Kalyan Purl.
It is submitted that the petitioner had a dispute with the complainant regarding cable operation for which an FIR was registered against the complainant in the year 2010. He submits that because of that reason, the petitioner has been falsely implicated in this case. He further submits that even otherwise, perusal of FIR would show that the role assigned to the petitioner is that he only gave fist blows and did not use any weapon and there is nothing to justify invoking of Section 34 IPG.
Thus, he presses for anticipatory bail to the petitioner.
Learned APP, on the other hand, opposes the anticipatory bail application. She submits that common intention of the petitioner along with the other co-accused is apparent from the fact that he accompanied
2011:DHC:7140 them and he participated in the occurrence, it is further submitted that investigation is at a nascent stage and custodial interrogation of the petitioner is required. Thus, learned APP has pressed for dismissal of the anticipatory bail application.
I have considered the rival submission and perused the record. The role attributed to the petitioner is that he gave fist blows to the injured.
Injured has already been discharged from the hospital. Taking into account the overall facts and circumstances of the case, it is ordered that the petitioner, in the event of his arrest, be released on bail in case FIR
No. 234/2011 under Sections 307/34 IPC, P.S. Kalyan Purl on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Arresting Officer/Trial Magistrate.
This, however, is subject to the petitioner maintaining the peace and order and not interfering with the investigation or intimidating the victim or the witnesses.
Application stands disposed of.
(AJIT BHARIHOKE)
JUDGE
AUGUST 08, 2011 akb
5^
2011:DHC:7140
% 08.08.2011
Present: Mr.Rajendra Sahu, Advocate for the petitioner.
|Vis. Jasbir Kaur, APP for the respondent/State with
Investigating Officer Inspector Om Singh, SHO, P.S.
Kalyanpuri.
+Crl.M.A.No. 9242/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Bail Appln. 1085/2011
Ms. Jasbir Kaur, APP accepts notice on behalf of the respondent/State. She has filed status report, which is taken on record.
This is an application seeking anticipatory bail in case FIR NO. 234/2011 under Sections 307/34 IPG, P.S. Kalyan Purl.
It is submitted that the petitioner had a dispute with the complainant regarding cable operation for which an FIR was registered against the complainant in the year 2010. He submits that because of that reason, the petitioner has been falsely implicated in this case. He further submits that even otherwise, perusal of FIR would show that the role assigned to the petitioner is that he only gave fist blows and did not use any weapon and there is nothing to justify invoking of Section 34 IPG.
Thus, he presses for anticipatory bail to the petitioner.
Learned APP, on the other hand, opposes the anticipatory bail application. She submits that common intention of the petitioner along with the other co-accused is apparent from the fact that he accompanied
2011:DHC:7140 them and he participated in the occurrence, it is further submitted that investigation is at a nascent stage and custodial interrogation of the petitioner is required. Thus, learned APP has pressed for dismissal of the anticipatory bail application.
I have considered the rival submission and perused the record. The role attributed to the petitioner is that he gave fist blows to the injured.
Injured has already been discharged from the hospital. Taking into account the overall facts and circumstances of the case, it is ordered that the petitioner, in the event of his arrest, be released on bail in case FIR
No. 234/2011 under Sections 307/34 IPC, P.S. Kalyan Purl on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Arresting Officer/Trial Magistrate.
This, however, is subject to the petitioner maintaining the peace and order and not interfering with the investigation or intimidating the victim or the witnesses.
Application stands disposed of.
(AJIT BHARIHOKE)
JUDGE
AUGUST 08, 2011 akb
5^
2011:DHC:7140
JUDGMENT