Sumit Singh and another vs State of Uttarakhand and others

Alok Singh, J.—Learned counsel for the petitioners submits that there is no assertion in the First Information Report that any shot was fired; assaulting with backside of revolver cannot cause death in the ordinary circumstances; injury received by the injured was neither grave nor serious nor was sufficient to cause death. Therefore, offence punishable u/s 307 IPC, is not made out. Mr. Arora further contends that although petitioners are not named in the first information report but police of Police station Dalanwala, Dehradun is adamant to arrest the petitioners for the offence punishable u/s 307 IPC which on the face of it, is not made out.

Mr. Arora further contends that petitioners shall move an application before the competent Judicial Magistrate, Dehradun showing their intention to surrender, if they are wanted in the present case. If report comes to the effect that petitioners are wanted in the present case, petitioners shall surrender before the competent Judicial Magistrate on or before 25.09.2013 and shall move an application seeking regular bail.

Mr. K.S. Rautela, learned A.G.A. appearing for the State fairly submitted that had there been any intention to kill, shot would have been fired instead of assaulting from the back side of the firearm.

Having heard learned counsel for the parties, prima facie, it seems that offence u/s 307 IPC is not made out.

Therefore, present petition is disposed of with the direction that petitioners shall surrender before the competent Judicial Magistrate, Dehradun, if wanted in the present case on or before 25.09.2013. In the event of moving bail application, the same shall be decided by the learned Magistrate sympathetically, if possible, on the same day, keeping in mind the ratio of judgments passed by this Court in WPCRL No. 758 of 2013 Hari Gupta Vs. State of Uttarakhand decided on 26.06.2013 and in BA1 No. 982 of 2013 Reena Vs. State of Uttarakhand decided on 12.08.2013.

If for any reason, the bail application is listed for future hearing, petitioners shall be enlarged on interim bail on furnishing their respective personal bonds to the satisfaction of learned Magistrate for the period till the final decision is taken on the bail application.

It is clarified that till 25.09.2013, petitioners shall not be arrested. However, meanwhile, if police wants to interrogate them, police may issue notices u/s 160 Cr.P.C., and petitioners shall report to the police for the purpose of interrogation. It is further clarified, if petitioners are wanted in the present case and do not surrender before the Judicial Magistrate till 25.09.2013, then learned Magistrate as well as Investigating Officer shall be at liberty to proceed against the petitioner in accordance with law.

CLMA No. 9644 of 2013 stands disposed of. Copy of this order shall be forwarded to the learned Magistrate for information immediately.