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2016 DIGILAW 821 (UTT)

MAHTAB v. STATE OF UTTARAKHAND

2016-11-10

U.C.DHYANI

body2016
JUDGMENT U. C. Dhyani, J. 1. Applicant Mahtab, who is in jail in connection with Case Crime No. 83 of 2015, relating to offences punishable under Sections 147, 302, 34 of IPC, registered at Police Station Piran Kaliyar, District Haridwar, has sought his release on bail. 2. Heard learned counsel for the parties, perused the material brought on record and considered the grounds taken up in the bail application. 3. As many as five persons are named in the first information report. Present applicant is not named in the FIR. 4. Learned counsel for the State counsel tried to justify such omission by arguing that informant is not an eye witness of the incident. The complainant lodged first information report on the basis of what was told by one Adnam, who said that due to panic, he could not disclose the name of present applicant. 5. Learned counsel for the applicant, on the other hand, submitted that the assault was by kicks and fits. It was a sudden dispute. No weapon has been used by the assailants. The applicant is in jail since 23.02.2016. 6. The cause of death of the deceased is cerebral concussion by extra dural haemorrhage due to head injury. 7. It has been informed by learned counsel for the applicant that charge sheet has been submitted in the case but no prosecution witness has been examined as yet. 8. Considering the facts of the case, this Court is of the opinion that short term bail only for a period of three months should be granted to the applicant. This is precisely because of the reason that bail of co-accused is still pending and applicant/accused may not interfere in the trial of the case by influencing or threatening the prosecution witnesses before the trial court. 9. Co-accused Mukarram has been granted bail by this Court vide order dated 28.09.2016. 10. Let the applicant-Mahtab be enlarged on short term bail for a period of three months on his executing a personal bond and furnishing two reliable sureties, each of like amount to the satisfaction of the court concerned. 11. Applicant will be at liberty to move for extension of short term bail. 12. Learned Dy. Advocate General for the State shall apprise the Court about the current status of the trial when an application for extension of short term bail be moved on behalf of applicant. 13. 11. Applicant will be at liberty to move for extension of short term bail. 12. Learned Dy. Advocate General for the State shall apprise the Court about the current status of the trial when an application for extension of short term bail be moved on behalf of applicant. 13. If at any point of time, it is found that the applicant is misusing the short term bail, the learned court below shall be at liberty to cancel his bail, in accordance with law.