JASWANT SINGH Vs. STATE

JUDGEMENT

(1.) IT has been con­ceded before me that on the F. I. R. lodged by the petitioner's son that police has submitted a charge-sheet. Now when there are cross cases and both the sides have received injuries and one party has been released on bail the other party has to be released on bail as that is the settled view. The question as to which party was aggressor, is a question of fact and that will have to be deter­mined on the basis of evidence that is adduced in these cases. Suffice it to say at this stage it is obvious that in these circumstances noted above the peti­tioner has to be enlarged on bail. It was argued that the petitioner will abuse bail, but this fact can only be looked into if on release on bail, he abuses the same and then it will be open to the other party to move for cancellation of bail. At present, no impediments come in the way of the petitioner being enlarged on bail.

(2.) AS a result, I would enlarge the peti­tioner on bail subject to his furnishing adequate bail bonds and sureties to the satisfaction of Chief Judicial Magis­trate. Bail granted.