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Judgment
V.S. Aggarwal, J.
Applicant Bal Mukand and Naresh seek bail in FIR No. 183 dated 15.12.1994 with respect to offences punishable under Sections 148/149/452/323/506/324/307 IPC while applicants Mam Chand, Chunni Lal, Sanjay and Ajay seek anticipatory bail with respect to the same First Information Report mentioned above. Both these petitions can be disposed of by a common order.
Mam Chand, Chunni Lal, Sanjay and Ajay had earlier been admitted on bail with respect to offences punishable under Sections 148/149/452/23 and 324 Indian Penal Code. Subsequently, Section 307 Indian Penal Code was also added. Hence, the present petition has been filed by Mam Chand and others seeking anticipatory bail.
Applicants are alleged to have caused serious injuries on the person of the injured with their respective weapons on the ground that he did cast his vote in favour of one Ram Singh. It was pointed out at the bar by the learned counsel for the State that as a result of the said injury, the injured has suffered paralysis of some limbs. There was a counter assertion that injured has since been discharged from the hospital. To verify the said fact the Investigating Officer was directed to make a report if the injured is an indoor patient, in the Safdarjang Hospital or not. This became necessary because it was stated by the learned counsel for the complainant that the injured is admitted in Ward No. 16, Safdarjang Hospital. The report has been filed that he did not find the injured Ram Bilas in any of the bed in Ward No. 16 in Safdarjang Hospital, New Delhi. Learned counsel for the complainant on the contrary produced an Outpatient''s Reference Card dated 29th March, 1995 which only indicates that he was admitted to Safdarjang Hospital on 29th March, 1995 with the history of not moving lower limbs because of paralysis. Even this Outpatient''s Card bears no number of the hospital concerned. Taking advantage of this fact, it was pointed out that only under pressure, even got added the offence punishable under Section 307, Indian Penal Code.
Taking note of the totality of the fact, in case of Mam Chand, Chunni Lal, Sanjay and Ajay, the order dated 31st January, 1995 is made absolute. While in the case Bal Mukand and Naresh, it is directed that they be enlarged on bail on executing a personal bond in the sum of Rs. 10,000/ with one surety each in the like amount to the satisfaction of Chief Judicial Magistrate, Rewari.