JUDGMENT 1. - This is third bail application. This application has been filed on the ground that challan has been filed on 30th June, 1993 and that it was a case where the injuries have been caused to the accused petitioner as well as the Complainant and cross cases are pending. It is submitted that these facts could not be brought out at the time of disposal of the first bail application. 2. An affidavit has been filed by Smt. Sada Kanwar wife of the petitioner, wherein despite other facts, it has been deposed that the accused is threatening even while in Central Jail. 3. The submission of Mr. Surana on behalf of the petitioner is that there is no finding that the injuries were dangerous to life or were sufficient in the ordinary course of nature to cause death. 4. In the order dated 31st May, 1993 of the Sessions Judge, it has been mentioned that there were 9 injuries on the body of Sada Kanwar, out of which 8 were found incised by sharp edged weapon, of the size of 4 and 1/2 cm. X 1.25 cm. Mere filing of challan cannot be a ground for releasing the accused on bail. The facts of each and every case have to be examined. The contention that the case does not fall under Section 307 Indian Penal Code and it falls under Section 324 Indian Penal Code also cannot be considered in these proceedings. The case was examined on merits and the bail application was dismissed on 30.6.93 after hearing the learned counsel for the petitioner Shri A.L. Verma. Thereafter another bail application was moved and another learned counsel for the petitioner Mr. M.C. Jain was heard and the second bail application was dismissed as withdrawn because the fact of dismissal of earlier bail application was not mentioned. Now this third bail application has been moved practically with the same points which were stated in the earlier applications with the addition that the injuries are of simple nature and the case falls under Section 324 Indian Penal Code and the cross case of the petitioner is said to be under investigation. 5. In this third bail application no fresh grounds have been brought on record justifying the release of the petitioner on bail.
5. In this third bail application no fresh grounds have been brought on record justifying the release of the petitioner on bail. The conduct of the petitioner has also to be examined in the light that he being in police service should have acted with more decency. The incised wounds are inflicted by sword and are repeated ones. No case is made but for interference at this stage. 6. The bail application is therefore, dismissed accordingly. *******