JUDGMENT Mr. Vijender Singh Malik, J.: - Avinash alias Kala, the petitioner seeks regular bail in a case registered by way of FIR No. 91 dated 14.5.2012 at Police Station Kosli, District Rewari, for an offence punishable under sections 323, 325, 307, 452 and 506 read with section 34 IPC. 2. Learned counsel for the petitioner has submitted that the dispute between the parties is regarding partition of the land of Raghbir Singh, who has died issueless and unmarried. According to him, in connection with the partition of that land, Rakesh, a brother of the petitioner went to Ved Pal, the injured and there hot words were exchanged. According to him, in the meanwhile the petitioner and his father Siri Bhagwan were also attracted to the said place and there it is the allegation of the complainant Pawan Kumar son of Ved Pal that Rakesh and Siri Bhagwan caught hold of Ved Pal while Avinash gave a lathi blow on the head of Ved Pal. According to him, Siri Bhagwan has been declared innocent by the police during investigation while Rakesh has been granted bail by the lower court. 3. Learned State counsel assisted by learned counsel for the complainant has submitted that the blow given by the petitioner was so powerful that it resulted in depressed fracture of right temporal bone of Ved Pal. According to him, the injured is still unable to speak and half portion of his body is paralysed. According to him, though it is a case of one injury, yet the said injury is so forceful that it resulted in an injury dangerous to life, attracting section 307 IPC. 4. The petitioner is said to have given a blow on the head of Ved Pal. The same was not repeated. Though, it resulted in depressed fracture of temporal bone, which has been declared dangerous to life, yet the question as to whether section 307 IPC is attracted to the case or not, is yet to be debated before the trial court. The residual difficulty in speech and weakness in limbs on one side were reported by the doctor only in the month of May when Ved Pal was discharged and this is not a recent finding of any doctor.
The residual difficulty in speech and weakness in limbs on one side were reported by the doctor only in the month of May when Ved Pal was discharged and this is not a recent finding of any doctor. The petitioner, who is a young boy of the age of 20 years, is in custody for the last six months and he appears to be entitled to regular bail. Hence, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Rewari.