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BAIL APPLN. 475/2016
Petitioner
Through: Mr.Lokesh Kumar Mishra and Mr.Gaurav mittal, Advocates.
Through: Ms.Kusum Dhalla, APP for the State with SINeeraj, PS Mandawali.
SARJAN Petitioner
Through: Mr.Lokesh Kumar Mishra and Mr.Gaurav mittal, Advocates.
Through: Ms.Kusum Dhalla, APP for the Statewith SINeeraj, PS Mandawali.
ORDER o/o 08.03.2016 CrI.M.A. No.3934/2016 in Bail Apnln. No.475/2016
Crl.M.A. No.4003/2016 in Bail Appln. No.485/2016
JUDGMENT
1. Exemption allowed, subject to all justexceptions.
2. Applications stand disposed of. BailAppln. Nos.475/2016 &485/2016 Page 1of[3] 2016:DHC:8231 Bail Appin. No.475/2016 Bail Appln. No.485/2016
1. The petitioners are seeking regular bail in case FIRNo.89/2016 under Section 308 IPG, PS Mandawali, Delhi.
2. Status report has been filed by the State.
3. I have heard learned counselfor the petitioners as well as learned APP for the State and carefullygone through the record.
4. Learned counsel for the petitioners has submitted that both the petitioners are in custody since 15.02.2016. The nature of injuries suffered by the injured persons was simple and both the petitioners are not required for any investigation also as even the danda allegedly used in the occurrence has also been recovered. Learned counsel for the petitioner has prayed for grant of bail to the petitioners submitting that the petitioners are not involved in any other case.
5. Learned APP for the State has submitted that both the petitioners have hitthe injured Sumit Sharma and his father D.N.Sharma with danda blows. It has been further submitted that weapon of offence i.e. danda has already been recovered in this case. Learned APP for the State has prayed for dismissal of the bailapplications submitting that though the petitioners have no criminal antecedents, they mayabscond if released on bail.
6. As per the FIR, the quarrel took place outside the shop of the complainant onthe issue that somebody has dried the clothes infront ofthe shop ofthe complainant and when the complainant asked as to who tiedthe rope and dried the clothes in front of his shop, none responded. Thereafter he had brokenthat rope on whichthe clothes were dried. At that time. BailAppln. Nos.475/2016 c& 485/2016 Page[2] of[3] Saleem and his servant Sarjan started abusing him and threatened him. The complainant called his parents and thereafter a quarrel took place. In the meantime, Asif, son of Saleem also reached there and they caused injuries to the complainant Sumit Sharma and his father D.N.Sharma with dandas.
7. Perusal of MLC of injured D.N.Sharma shows that when he was brought to the hospital, he was irritated and using abusive language with the casualty staff MLC of injured D.N.Sharma further reveals that he has suffered laceration (1 X 0.[5] cm) over right pinna and abrasion (6 X 0.[5] cm) over right forearm. As per the MLC of Sumit Sharma, he has suffered laceration (2 X 0.[5] cm) over frontal area head.
8. Taking into consideration the issue over which the quarrel has taken place as well the fact that injured Sumit Sharma and his father both have received simple injuries and that the petitioners are in custody for the last about three weeks, it is directed that both the petitioners be released on bail on their each furnishing personal bond in the sum of •15,000/- with one suretyeach in the like amount to the satisfaction of learnedMM/LinkMM.
9. Both the applications stand disposed of
10. As prayed copy of the order be given dasti to learned counsel for the petitioners under the signature ofCourt Master. Copy of the orderbe also sentto the concernedJail Superintendent for information. ^ PRATIBHA RANI, J. MARCH 08, 2016 'st' ^ V BailAppln. Nos.475/2016& 485/2016 Page 3 of[3]