Zile Singh and Another vs State of Haryana

S.S. Saron, J.—Heard learned Counsel for the parties.

The petitioners seek pre-arrest bail in a case registered against them on 22.4.2010 for the offences under Sections 323, 324, 507 and 34 IPC and later the offence u/s 307 IPC was added.

In the incident that occurred on 20.4.2010 at about 6.30 p.m., the complainant Karam Singh was going to his fields for watering the same. The uncle of the complainant, namely, Zile Singh (petitioner No. 1) came along with his son Rajiv (petitioner No. 2) and Raj Kumar (non-petitioner). Zile Singh raised a ''Lalkara'' to catch hold of the complainant Karam Singh and teach him a lesson for watering the field. Zile Singh (petitioner No. 1) caught hold of the complainant from his rear side and Raj Kumar (non-petitioner) gave a knife blow which hit on the stomach of the complainant on the left side. Rajiv (petitioner No. 2) gave a knife blow which hit inside the elbow of the left hand. Thereafter, Raj Kumar (non-petitioner) again gave a knife blow which hit on outside of elbow of right hand.

The petitioners were earlier granted regular bail by the learned Judicial Magistrate 1st Class on 11.5.2010 for the offences under Sections 323, 324, 506 and 34 IPC. Thereafter, the offence u/s 307 IPC has been added. Raj Kumar (non-petitioner) to whom the fatal blow is attributed was arrested in the case and is in custody and challan against him has been filed. The petitioners are not attributed the injury for the offence u/s 307 IPC. They were initially granted regular bail.

Learned Counsel for the State, on instructions from ASI Joginder Singh, Police Station Nissing, District Karnal, has submitted that the custody of the petitioners is not required for the purposes of investigation.

Learned Counsel for the complainant has submitted that in fact a case of attempt to commit murder is made out against Rajiv (petitioner No. 2) as the knife blow which he inflicted was on the inner side of the left elbow of the complainant Karam Singh. This, it is submitted, could be caused only because Karam Singh raised his left arm to ward-off the blow that Rajiv (petitioner No. 2) had aimed at his head and in the process his inside edge of the left elbow got hurt. This fact, however, is to be considered by the learned trial Court at the appropriate state.

Keeping in view the fact that the custody of the petitioners is not required for the purposes of investigation, the interim bail granted on 15.7.2010 is made absolute.

The criminal miscellaneous petition stands disposed of.