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ta-
F.
I
#38
%o 08.07.2011
Present: Mr. V.P.Katiyar, Advocate for the petitioner.
Ms. Fizani Husain, APP for the respondent/state with the
Investigating Officer ASI Aiiaz Khan, P.S. Karawal Nagar.
+Crl.M.A.7586/2OLL
Allowed, subject to all just exceptions.
Application stands disPosed of.
Bail Appln. 92412O11
Learned counsel for the petitioner submits that even if the version in the FIR is to be believed, only case under Section 323 IPC is disclosed, which is not even a cognizable offence. He submits that as per the MLC, the victim received only one'danda'blow on the head. Thus, he presses for anticipatory bail to the petitioner.
Learned APP, on the other hand, has drawn my attention to the MLC of the victim wherein it is recorded that the victim sustained injury above the right eye brow, which is a vital part. She further submits that r. custodial interrogation of the petitioner is necessary for recovery of the
{s weapon of offence i.e. 'danda'.
I have considered the rival submissions. Perusal of the MLC reveals that as per the opinion of the doctor, the injury sustained by the victim was simple. Thus, taking into account the overall facts and circumstances of the case, the petitioner, in the event of his arrest, be released on bail in case FIR No. :.66120II, under Sections 308134 lPC, P.S. Karawal Nagar 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/SHO/Trial Court, 2011:DHC:7121
-* subject to the condition that the petitioner shall join the investigation as and when required and refrain from interfering with the process of justice.4 ,Z r
Petition stands disposed of.
\- l$*
(AJrr BHARIHOKE)
JUDGE
JULY 08, 2OL1 akb
*
2011:DHC:7121
F.
I
#38
%o 08.07.2011
Present: Mr. V.P.Katiyar, Advocate for the petitioner.
Ms. Fizani Husain, APP for the respondent/state with the
Investigating Officer ASI Aiiaz Khan, P.S. Karawal Nagar.
+Crl.M.A.7586/2OLL
Allowed, subject to all just exceptions.
Application stands disPosed of.
Bail Appln. 92412O11
Learned counsel for the petitioner submits that even if the version in the FIR is to be believed, only case under Section 323 IPC is disclosed, which is not even a cognizable offence. He submits that as per the MLC, the victim received only one'danda'blow on the head. Thus, he presses for anticipatory bail to the petitioner.
Learned APP, on the other hand, has drawn my attention to the MLC of the victim wherein it is recorded that the victim sustained injury above the right eye brow, which is a vital part. She further submits that r. custodial interrogation of the petitioner is necessary for recovery of the
{s weapon of offence i.e. 'danda'.
I have considered the rival submissions. Perusal of the MLC reveals that as per the opinion of the doctor, the injury sustained by the victim was simple. Thus, taking into account the overall facts and circumstances of the case, the petitioner, in the event of his arrest, be released on bail in case FIR No. :.66120II, under Sections 308134 lPC, P.S. Karawal Nagar on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Arresting Officer/SHO/Trial Court, 2011:DHC:7121
-* subject to the condition that the petitioner shall join the investigation as and when required and refrain from interfering with the process of justice.4 ,Z r
Petition stands disposed of.
\- l$*
(AJrr BHARIHOKE)
JUDGE
JULY 08, 2OL1 akb
*
2011:DHC:7121
JUDGMENT