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% 04.08.2011
Present: Mr. J.P.Singh, Advocate for the petitioner.
Ms. Fizani Husain, APP for the respondent/State with SI
Sandeep, P.S. Chhawala.
+Bail Appln. 42/2011
Learned counsel for the petitioner submits that the petitioner was not present at the time of occurrence and he has been falsely implicated in this case. He submits that otherwise also, the injured persons have already been discharged from hospital after treatment and the co-accused
Jagat Singh has been released on anticipatory bail. Thus, on the principle of parity also, the petitioner is entitled to bail.
Learned APP, on the contrary, has opposed the bail application. She submits that the offence committed by the petitioner is grave as two persons sustained grievous injury and the third victim sustained simple injury. She further submits that custodial interrogation of the petitioner is required for the purpose of recovery of the car in which the assailants came and the weapon of offence. Thus, she presses for dismissal of the application for anticipatory bail.
I have considered the rival submissions and perused the record.
Victims have already been discharged from the hospital. Co-accused has also been granted anticipatory bail. Therefore, taking into account the overall circumstances of the case and the principle of parity, it is ordered that the petitioner, in the event of his arrest, be released on bail in case
FIR No. 189/2010, under Sections 308/34 IPG, P.S. Chhawala on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the
2011:DHC:6980 r r like amount to tine satisfaction of tine Arresting Officer/Investigating
Officer/Trial Court concerned, subject to the petitioner joining the investigation as and when required.
Application stands disposed of.
Order dasti under the signatures of Court Master.
(AJIT BHARIHOKE)
JUDGE
AUGUST 04, 2011 akb
2011:DHC:6980
% 04.08.2011
Present: Mr. J.P.Singh, Advocate for the petitioner.
Ms. Fizani Husain, APP for the respondent/State with SI
Sandeep, P.S. Chhawala.
+Bail Appln. 42/2011
Learned counsel for the petitioner submits that the petitioner was not present at the time of occurrence and he has been falsely implicated in this case. He submits that otherwise also, the injured persons have already been discharged from hospital after treatment and the co-accused
Jagat Singh has been released on anticipatory bail. Thus, on the principle of parity also, the petitioner is entitled to bail.
Learned APP, on the contrary, has opposed the bail application. She submits that the offence committed by the petitioner is grave as two persons sustained grievous injury and the third victim sustained simple injury. She further submits that custodial interrogation of the petitioner is required for the purpose of recovery of the car in which the assailants came and the weapon of offence. Thus, she presses for dismissal of the application for anticipatory bail.
I have considered the rival submissions and perused the record.
Victims have already been discharged from the hospital. Co-accused has also been granted anticipatory bail. Therefore, taking into account the overall circumstances of the case and the principle of parity, it is ordered that the petitioner, in the event of his arrest, be released on bail in case
FIR No. 189/2010, under Sections 308/34 IPG, P.S. Chhawala on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the
2011:DHC:6980 r r like amount to tine satisfaction of tine Arresting Officer/Investigating
Officer/Trial Court concerned, subject to the petitioner joining the investigation as and when required.
Application stands disposed of.
Order dasti under the signatures of Court Master.
(AJIT BHARIHOKE)
JUDGE
AUGUST 04, 2011 akb
2011:DHC:6980
JUDGMENT