AI Structured Summary
Not yet generated for this judgment
Judgment
Atul Sreedharan, J
This application under section 439 of the Code of Criminal Procedure, 1973 has been filed for grant of bail to applicants Guddu alias Salman
Hasmi, Shanu alias Ishan Hasmi, Reshma Hasmi and Mijan Hasmi in connection with Crime No.485/2021 for the offences punishable under sections
302, 294, 323 and 506 read with section 34 IPC, registered at Police Station Cantt., district Sagar. The applicants herein are in judicial custody since
14.6.2021 in the aforementioned case.
At the very outset, learned counsel for the applicants submits that he wants to withdraw this application insofar as it relates to applicant no.1 Guddu
alias Salman Hasmi with a liberty to file afresh in the month of December, 2021.
The application stands dismissed as withdrawn so far as it relates to applicant no.1 Guddu alias Salman Hasmi with the liberty as aforesaid.
The case of the prosecution is that on a sudden fight breaking out between two groups, the applicants herein are stated to have punched and kicked
the deceased resulting into two contusions on the chest. The narrative reflects that during the course of a sudden fight that erupted applicant no.1, who
is stated to have picked up a stone lying at the scene of occurrence itself and threw the same which hits the deceased on his chest thereby causing the
contusions. Applicant no.2 Shanu alias Ishan Hasmi is stated to have thrown a stone which caused an injury on the finger of the deceased. The other
two applicants are stated to have kicked and punched the deceased.
Learned counsel for the applicants submits that there was no intention to cause the death of the deceased and that the FIR was registered under
sections 302, 294, 323 and 506 IPC. However, the external injuries that were caused are prima facie reflected for an offence under sections 323 IPC.
The cause of death is inconclusive and the doctor has said that it is subject to the report of the pathologist on the heart, liver and spleen being
prepared.
Learned counsel for the State, while opposing the application for grant of bail, has submitted that there are no internal injuries either by way of
fracture of the ribs or by any kind of laceration of any of the internal vital organs of the deceased.
Prima facie it appears that on a sudden fight, the applicants had assaulted the deceased but without any intention to kill him. Under the circumstances,
the application is allowed. It is directed that the applicants herein shall be enlarged on bail upon their furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the learned trial court.
The jail authorities shall have the applicants checked by the jail doctor to ensure that they are not suffering from the Novel Corona Virus (COVID-19)
disease and if they are, they shall be sent to the nearest hospital designated by the State for treatment. If not, they shall be transported to their place of
residence by the jail authorities.
Certified copy as per rules.