BALKAR SINGH Vs. STATE

JUDGEMENT

(1.) Petitioner has been booked under Sections302, 307 read with Sections 34, 147. 148 and 149 Indian Penal Code in FIR 158/90registered in PS Kalkaji, New Delhi. He applies for bail.

(2.) I have heard arguments advanced by learned Counsel for theparties. The case of the prosecution is that on 19-5-90 at about 8 00 a. m.Vijay Kumar and three others were travelling in car No. DHD 3570. Theyhad come from Mohan Nagar. The petitioner is one of the employee in afactory, namely, Punj Lloyd & Co. The car was intercepted on the wayby the petitioner and other employees of the factory. They exhorted thatthe occupants of the car be killed. One Ram Kishan, co-accused had a fiveLt. tin of Kerosene oil. The liquid was thrown upon the occupants of thecar. Suresh Kumar was one of the occupants. He suffered from 35% burnsand ultimately succumbed to injuries on account of the burns.

(3.) It is contended that at the most petitioner is charged withexhortation and therefore, he deserves to be released on bail. It may benoted that the petitioner was allegedly one of those persons who stopped thecar Later on he also gave an exhortation and instigated others on accountof which one of them threw the liquid from the tin on the occupants of thecar and set them ablaze. Therefore, besides exhortation, he was alsoresponsible for stopping the car as is the case of the prosecution.