MOHD ASLAM KHAN Vs. STATE OF U P

JUDGEMENT

(1.) R. C. Deepak, J. The bail application No. 11035 of 2006 of accused-applicant Mohd. Aslam Khan and bail application No. 11586 of 2006 of accused-applicant Dharamveer Singh for their release on bail in special case No. 61 of 1999 under Sections 330, 384, 218, 211, 200, 197, 195, 109 I. P. C. and Section 25 Arms Act arising out of case crime No. 118 of 1996 for convenience are heard together and are disposed of by a common order.

(2.) THE peculiar facts of the case giving rise to the present bail applications are that it is alleged that on 8- 2-1994 one Harish Chandra Arora and his two sons named Vinay and Sanjay made murderous assault upon one Raj Kumar Arora, who suffered injuries on his person and in this regard he lodged the First Information Report registered as case crime No. 52 of 1994 under Section 307 I. P. C. and Section 25 Arms Act against them. THE investigation into the case was conducted by R. K. Chauhan, S. S. I. of the local police, who submitted the charge-sheet on 28-2-1994 under Section 307 I. P. C. and Section 25 Arms Act against the above-named accused. THE facts further indicate that the charge-sheeted accused Harish Chandra Arora, being an Advocate/property dealer, exercised his influence and he succeeded in getting the matter to be entrusted with CB-CID for reinvestigation. As a consequence, the matter was investigated by the investigating officer of the CB-CID, who found that a false case was lodged by Raj Kumar Arora and submitted the final report in the case. THE informant/raj Kumar Arora filed protest petition against the submission of final report, but the learned Magistrate rejected the protest petition and accepted the final report on 1-6-1996, that being aggrieved of the order of acceptance of final report, the informant named above preferred a criminal revision No. 271 of 1996 and the same is still pending in the Court of Session Judge for final disposal. THE Investigating Officer of the CB-CID after submission of the said final report, lodged the aforesaid First Information Report against the applicants and certain others alleging therein that the informant Raj Kumar Arora did not suffer any firearm injury, as alleged, but the police/the accused in the First Information Report falsely implicated Harish Chandra Arora in the case. It is further alleged that Harish Chandra Arora was arrested by the police concerned from his house and he was caused injuries. Rs. 2 lacs was demanded as gratification from him to release him and Rs. 400 was received as cost of the diesel of the vehicle. THE investigation into the case at hand was conducted and the charge-sheet was submitted. THE accused Ved Singh and Dharamveer Singh moved a criminal misc. application No. 10483 of 2004 under Section 482 Cr. P. C. for quashing the charge- sheet, but this Court did not agree to quash the charge-sheet and directed them to appear before the trial Court and in case an application for their release on bail is made, the same shall be disposed of expeditiously, that the order so passed by this Court was not complied with. THE facts further reveal that the accused-applicants Mohd. Aslam Khan, Dharamveer Singh and co-accused Ved Singh filed criminal misc. application No. 944 of 2006 under Section 482 Cr. P. C. with a prayer that no sanction for prosecution has been granted, therefore, the trial Court has no jurisdiction to take cognizance of the offence. This Court vide order dated 24-1-2006 directed the trial Court to dispose of the application of the applicants for their dis-charge, if any, within a period of one month from the date of its filing and also stayed the execution of order issuing non-bailable warrant against them. THE above-named Harish Chandra Arora made an application No. 47920 of 2006 for recalling the order dated 24-1-2006 on the ground that the accused Ved Singh and Dharamveer Singh had already made an application No. 10483 of 2004 and in criminal misc. application No. 944 of 2006 an affidavit has been filed by Ved Singh that no earlier petition was filed, therefore, concealing the facts and playing fraud, the order dated 20-1-2006 was obtained. This Court (Hon'ble Justice Vinod Prasad, J.) taking into account the entire facts and circumstances of the case, recalled the order 24-1-2006 vide his order dated 9-3-2006 and directed the trial Court to initiate coercive measure for the arrest of the above-named accused and also directed that a case in this regard be also registered against them. As a consequence, the NCR No. 15 of 2006 under Sections 193, 136, 200 I. P. C. has been registered at police station Sadar Bazar against the accused concerned. THE accused concerned made an application for recalling the order dated 9-3-2006, but this Court vide order dated 20-3-2006 did not agree to do so. THE accused-applicants and Ved Singh approached the Hon'ble Apex Court by way of special leave to appeal (criminal) No. 1598 of 2006. THE Hon'ble Apex Court vide its order dated 17-4-2006 disposed of the petition with the direction that the prayer for bail of the petitioners/the accused could be disposed of on merit in case they put in their appearance before the trial Court. In compliance thereof, the accused-applicants have put in their appearance before the trial Court and made an application for their release on bail, but the same was rejected and the present bail applications have been filed before this Court already referred-to-above.

(3.) FOR the fair and proper disposal of the present bail applications, the reference of the injury reports of the alleged injured Raj Kumar Arora and Harish Chandra Arora are relevant. Consequently, the same are accordingly reproduced as under: Injury Report of Raj Kumar Arora Examined Shri Raj Kumar S/o Asha Ram 48 years H. No. resident of Makkhan Colony, 21 Near Sophia Bada School P/s Sadar Bazar, Saharanpur on 8-2-94 at 12-30 p. m. B/b C. P. No. 975 Gopi Chand P/s Sadar SRf M-1. Black mole on Rt side chin upper part 2 cm. Below angle of mouth. Injury (1 ). Firearm wound of Entry 1 cm. x 1 cm. Depth and rubbed on Rt. Supraclaricular region, Blackening present margin inverted fresh Bleeding present kept u/o for x-ray chest and neck. (2) L. W. 1. 5 cm. x. 5 cm. x muscle deep c traumatic swelling 5 cm. x 3 cm. on Rt. cheek bone fresh bleeding present (3) Reddish contused swelling 2 cm. x 1 cm. on Rt. side face. (4) Lacerated wound 1. 5 cm. x. 5 cm. x muscle deep on Lt. upper lip just below the Aloe of Lt. Nose fresh bleeding present. (5) L. W. 1 cm. x. 5 cm. x muscle deep on back & middle of Lt. Index finger fresh bleeding present. Kept u/o for x-ray (6) L. W. 1 cm. x. 5 cm. x muscle deep on Palmer arfect in middle of Lt. Index finger. Fresh bleeding present. (7) An Abrasion 1 cm. X. 5 cm. On epigenetic region 18 cm. Below xiphi structure. Injury No. 1 caused by firearm. Injuries No. 2, 3, 4, 5 & 6 are caused by blunt hard object. Injury No. 7 caused by friction against hard object. Injuries No. 1 & 5 kept u/o Adv. X-ray. All are fresh in nature. Injuries No. 2, 3, 4, 6, 7 are simple in nature. M1. Black mole on Rt. Side chin upper part 2 cm. behind angle of mouth. . . . . . . . . . . . . . Chest, Neck & Left Index finger Hospital. . . . . . . . . . . . . Chest & Neck: Fracture. . . . . . . . . . . . Left Index Finger : Fracture back of middle phalange of left Index finger is seen. Injury Report of Harish Chandra Arora 10-2-94. at 6. 10 p. m. Examined U. T. Harish Chandra Arora, Advocate aged about 55 years S/o Umrao Singh R/o 19-B Hakikat Nagar P/s Sadar Bazar, Saharanpur. M1 Black Mole at (R1) face 2 cm. to the right of (R1) nostril. Injuries : (1) Abraded contusion 8 cm. x 7 cm. on donsum of (R1) hand. Scab present. (2) Contused swelling 10 cm. x 9 cm. on donsum of (L1) hand colour blush red. (3) Contusion 12 cm. x 6 cm. on radial aspect of (L1) forearm and lower 1/3 of forearm. (4) Contusion 6 cm. x 5 cm. on front of (L1) forearm lower 1/3 colour blush-red. (5) Contusion 5 cm. x 3 cm. ulnar aspect of (L1)forearm lower 1/3 colour blush-red. (6) Abraded contusion 6 cm. x 4 cm. On back of (R1) elbow. Scab present. Soft in nature. (7) Contusion 60 cm. x 33 cm. On back of whole of (L1) thigh and buttock and sacral region. Colour blush-red. (8) Contusion 39 cm. x 33 cm. in (R1) sacral region, whole of buttock and upper half of thigh. Colour blush-red. (9) Multiple abrasions14 cm. x 12 cm. on (R1) buttock. Soft scab present. (10) Contusion 31 cm. x 13 cm. on back of (L1) leg. (11) Contused swelling 16 cm. x 13 cm. On front of (L1) knee. (12) Contusion 19 cm. x 16 cm. in front of (R1) lower thigh and knee. Colour blush-red. (13) Abrasion 8 cm. x 4 cm. on lateral aspect of (R1) knee. (14) C/o Pain back lumbar region and (L1) side front of chest but there is no external injury seen. (15) Contused swelling 7 cm. x 5 cm. on palm of (R1) hand. (16) Contused swelling 6 cm. X 4 cm. on fingers of (L1) hand. Injuries are kept under observation. All of them caused by blunt object. Probable duration 2 days of all injuries except injuries No. (9) (13) (6), whose duration is about half day to one day.