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Himachal Pradesh High Court · body

2009 DIGILAW 262 (HP)

VIJAY KUMAR v. STATE OF H. P.

2009-04-01

SURINDER SINGH

body2009
JUDGMENT Surinder Singh, J.(Oral):-The petitioner, a driver in the commercial vehicle, is under trial prisoner in FIR No. 300 of 2008 registered under section 307 of the Indian Penal Code. His bail application was rejected by the learned Additional Sessions Judge, Shimla on 23rd December, 2008 and thereafter by the learned Sessions Judge, Shimla on 9th March, 2009. Thus, failing to get the bail, the petitioner moved the present application before this Court under section 439 of the Code of Criminal Procedure. 2. Precisely, the case of the prosecution against the bail petitioner is that he has been residing with his family in Shed No.124/1 in Krishana Nagar, Shimla, just opposite to the living shed of the complainant. The police have been receiving complaints for the last 4-5 months that the petitioner was of a desperate character and had been using abusive language in the locality. It is alleged that on 4.11.2008 Mohan Singh alias Miya Singh informed the police telephonically around 8.45 a.m. that the petitioner was playing his tape recorder at a high pitch causing disturbance. The police visited the spot but after about half an hour, when they had returned, the petitioner fired a shot by standing at his door by an improvised short-gun towards the window of the complainant, facing towards him. The pellet did not hit the complainant as he was crouching to prepare his bed, thus he could escape the injury. The pellet went through and through the window, breaking its window panes, punctured the back side iron mash and hit on the wall. On hearing the gun-shot, the complainant peeped out from his window and saw the petitioner standing with his gun on his door. 3. An FIR was registered on the statement of the complainant Harbhajan Singh. Police investigated the case, took into possession the pieces of broken window panes and a spent cartridge along with one live cartridge of .22. 4. The bail petitioner was arrested on 5.11.2008. On his disclosure statement, recorded under section 27 of the Evidence Act, police recovered an un-licensed improvised short gun (Desi Kata). The weapon aforesaid along with pellets, found on the spot, were sent to the forensic examination. As per report of the Forensic Science Laboratory, the said gun was fired through Left barrel and the pellets were of spent cartridges. On his disclosure statement, recorded under section 27 of the Evidence Act, police recovered an un-licensed improvised short gun (Desi Kata). The weapon aforesaid along with pellets, found on the spot, were sent to the forensic examination. As per report of the Forensic Science Laboratory, the said gun was fired through Left barrel and the pellets were of spent cartridges. Finding a prima-facie case under section 307 of the Indian Penal Code and under section 27 & 54 of the Arms Act, a challan was presented in the court from trial of the bail petitioner, wherein he has been charge-sheeted by the court of Sessions and the case is now fixed for evidence of the prosecution. 5. Police report filed and matter considered. 6. As a matter of fact, the bail-petitioner has been involved in seven FIRs, registered against him and out of seven cases in five cases, he has been acquitted by the court but the cases registered vide FIR No.97/06 under sections 326, 341, 323 and 506 IPC and FIR No.123/07 under sections 341, 323 and 506 IPC are pending. 7. After hearing the learned counsel for the parties and examining the investigation record, Prima-facie I find that the petitioner has posed danger in the vicinity and his antecedents are shady. 8. Thus, keeping in view the nature and gravity of the charges in the present case, severity of punishment in the event of his conviction, character behaviour, means and position and also weapon used disentitles him from granting the discretionary relief of bail. Accordingly, the bail application is dismissed.