SUNNY JAGLAN Vs. STATE

JUDGEMENT

(1.) Vide instant the petition, the petitioner has sought to set aside the order dated 12.08.2011 whereby learned Additional Sessions Judge - IV, SE, Saket Courts, New Delhi admitting the respondent No. 2 on regular bail in case FIR No. 346/2010 under Section 307/34 Indian Penal Code, 1860 registered at police station Hauz Khas, New Delhi on the complaint of petitioner.

(2.) Learned counsel for the petitioner submits that initially respondent No. 2 moved an anticipatory bail application which was rejected even upto the Apex Court. Thereafter, on 09.08.2011, respondent No. 2 surrendered before the Court and sent to judicial Crl. M.C. No. 2812/2011 Page 2 of 10 custody. Thereafter, respondent No. 2 moved an application for bail which was allowed by learned Additional Sessions Judge by impugned order just after four days of his judicial custody.

(3.) Facts in brief of the case are that when the petitioner reached Pancsheel, Chirag Delhi Flyover, then one red colour Maruti Swift car driven by respondent No. 2 got his car turned on his right hand side without giving any signal. The car of the respondent No. 2 hit with car of the petitioner/complainant. The petitioner parked his car on the side of the road to check any damage on his car. Meanwhile, respondent No. 2/accused got down from his car and started abusing the petitioner. The petitioner admitted his mistake and requested to go away, but he was very angry and was in a drunken condition. He became too furious and brought beer bottle from his car which having half full of beer. He broke the same by hitting it on the car and told that he would teach a lesson to the petitioner for hitting his car and attacked on petitioner/complainant with broken sharp edge broken bottle and gave multiple blows on face, head, shoulder and neck. Accordingly, the above mentioned FIR was registered initially under Section 308 Indian Penal Code, 1860 and later on converted into Section 307 Indian Penal Code, 1860 on being the application moved by petitioner.