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2014 DIGILAW 566 (PNJ)

Raju v. State of Haryana

2014-03-19

NARESH KUMAR SANGHI

body2014
JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of regular bail to petitioner Raju who has been booked for having committed the offences punishable under Sections 307, 323 and 506 read with Section 34, IPC, in a case arising out of FIR No.187, dated 30.08.2013, registered at Police Station, Sadar Dabwali, District Sirsa. 2. Learned counsel contends that it is a case of version and cross-version; that Binderpal @ Bhuria, a co-accused of the petitioner, had received sharp-edged injuries on his person at the hands of the complainant side of this case; that the matter was reported to the police after three days of the occurrence; and that there is no categoric opinion of the doctor that the injury on the person of Subhash Chander was sufficient to cause death and as such, it would be a moot point whether the mischief of Section 307, IPC, is attracted in the present case. 3. Learned counsel for the State, on instructions from ASI Mangal Singh, Police Station, Sadar Dabwali, very fairly concedes that it is a case of version and cross-version and the petitioner is behind the bars from 06.09.2013. He further concedes that the petitioner is neither required nor involved in any other case. 4. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner-Raju, son of Sharwan, r/o village Abubshahar, Tehsil Dabwali, District Sirsa, is ordered to be released on bail during the pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sirsa. ---------0.B.S.0------------