Naheed Ara Moonis, J.;— Heard Shri Arun Kumar Singh, learned counsel for the applicant, Shri Vijay Bahadur Shivhare, learned counsel appearing on behalf of complainant as well as learned AGA and perused the record. 2. The instant bail application has been moved on behalf of the applicant with alternate prayer to release him on short term bail for six months in case crime no.831 of 2011, under Sections 302, 307 IPC, P.S. Chikasi, District Hamirpur, during the pendency of bail application before this Court. 3. The learned counsel for the applicant has made a prayer for short term bail on mercy in the words of the learned counsel, "it is as mercy prayer". The prayer has been made in the backdrop, that the wife of the applicant, Virodha, had got multiple fractures in both the hands and the doctor has planted iron plates bolted with nuts. She is not able to perform her daily household works, on account of her crippled condition. There is no other member in the family to look after her three children, aged about six, eight and ten years, respectively. Now, the nuts and bolts have been loosened with the passage of time, and the doctor has advised her for better treatment. In this regard, some medical prescriptions have been filed along with the supplementary affidavit. The medical prescriptions annexed with the supplementary affidavit are of Deewan Shatrughan Singh Joint District (Male) Hospital, Hamirpur, U.P., O.P.D., wherein the doctor has advised on 7th July, 2012, that she is referred to the Medical College, Kanpur for expert opinion, and therefore, she has to be taken the Medical College at Kanpur for her treatment, and considering the above circumstances, the applicant may be released on short term bail. 4. Learned counsel appearing on behalf of complainant has opposed the prayer for releasing the applicant on short term bail, and contended that, the applicant's wife, Virodha is also an accused in the present case, who was released on bail as the role of exhortation was attributed to her. She received minor injury in that incident. After grant of parole to the applicant, there is apprehension of their absconding. The affidavit filed in support of the bail application as well as in support of the supplementary affidavit, have been filed by the wife of the applicant, Virodha, as deponent, who has also put his signature in both the affidavits.
She received minor injury in that incident. After grant of parole to the applicant, there is apprehension of their absconding. The affidavit filed in support of the bail application as well as in support of the supplementary affidavit, have been filed by the wife of the applicant, Virodha, as deponent, who has also put his signature in both the affidavits. In such circumstances, it cannot be said that she is facing great difficulty in doing her personal work, and the contention of the learned counsel for the applicant, that she is a totally cripple woman becomes falsified. So far as the children are concerned, she has three children, and the elder son is of eighteen years of age, which has wrongly been mentioned in the bail application that the children are minor. The medical report also appears to be a fake document which requires strict proof. In the family of the applicant, there are four brothers of the applicant, namely, Bhanu Pratap, Ashok Kumar, Bhanu Singh and Ajay Singh, in this regard a copy of parivar register has been annexed with the counter affidavit, thus, it is wrong to say that there is no elderly member in the family to took her for treatment, if it is needed. The wife of the applicant has also three brothers namely Rajendra, Sughar and Kalloo, who are residing merely fifteen kilometers away from her. The affidavits have been sworn on wrong facts and are defective as the age of the deponent(the wife of the applicant) is mentioned in two affidavits as 30 years and 41 years respectively. The applicant's wife is absolutely hale and hearty and she could have examined herself by the said doctor with regard to her ailment. There is no ground to release the applicant on short term bail, as it has been moved with the sole purpose, either to abscond or to commit another offence. The examination in chief of P.W.1 has already been concluded, but his cross examination has yet not been concluded and the dates are being fixed by the court below successively. In case the applicant is released on short term bail, he will try to flee from justice and will cause delay in trial, therefore, the parole application deserves to be rejected. 5. I have considered the rival submissions made by the learned counsel for the parties.
In case the applicant is released on short term bail, he will try to flee from justice and will cause delay in trial, therefore, the parole application deserves to be rejected. 5. I have considered the rival submissions made by the learned counsel for the parties. For deciding the prayer of the applicant to release him on short term bail, it is necessary to go through the prosecution case. 6. According to the prosecution case, a first information report was registered by one Uma Shankar against the applicant, Ajai Lodhi and his wife, Virodha, with the allegation that, the complainant's uncle Devi Sharan was having a small grocery shop in his house. On 26.10.2011 at about 3:30 p.m. the applicant arrived at his shop to purchase Dalda and was demanding it on credit, his uncle refused to give the same on credit. On this he started quarrel with him. The uncle of the complainant went to make complain about this incident to Chowkidar, and when he was returning from there and reached near the house he was intercepted by the applicant and his wife and started quarreling again. At this, the complainant's another uncle Ram Sharan and aunt Smt. Anusuiya arrived there, and at the instigation of the applicant's wife the applicant fired at Devi Sharan, hitting him on his chest. Thereafter the applicant and his wife escaped from the spot. The complainant took his uncle in injured condition to the police station in a pickup van, and the case was registered under Section 307 IPC as case crime no.831 of 2011 at 4:10 p.m. On the same day the injured succumbed to the injuries at about 4:45 p.m., thereafter Section 302 IPC was added. The postmortem report of the deceased also reveals that there is only a gun shot punctured wound present on the right side of the chest. 7.
The postmortem report of the deceased also reveals that there is only a gun shot punctured wound present on the right side of the chest. 7. Short term bail/parole is not warranted by the Code, but a prisoner may be released on parole in certain emergency situations or in exceptional cases, that lets a prisoner leave the prison for a short duration, on the condition that he or she behaves appropriately after release and reports back to the prison on termination of the parole period, but looking into the gravity of offence and the involvement of the applicant, it would not be appropriate to release the applicant on short term bail on the ground of mercy. The grounds taken by the applicant, that his wife is not well and requires treatment, is not convincing with the two affidavits of his wife. Since, the applicant is involved in a heinous offence, therefore, the short term bail or parole only on the ground of mercy is refused. Accordingly the prayer for short term bail is rejected. _____________