BHANWAR LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application on behalf of Bhanwar Lal for bail. Learned counsel for the petitioner contended that there are four accused persons out of them three have been enlarged on bail though on different grounds. Two persons according to the case of the prosecution were armed with danda (Lath) that's the petitioner and Dhannalal. It is alleged that the petitioner and Dhannalal attacked with danda. Learned counsel further contended that there is also a cross -case. The petitioner also received injury on die parietal region. The injuries of the petitioner and the members of his party have not been explained by the prosecution. Under these circumstances prima facie cannot be said to be who are aggressors. He referred to [(1997) II SCC 579 Rukma (Smt.) and others v. Jala and others], where it was held that merely because accused's party received less injuries and the complainant's party received more serious injuries resulting in death of three persons it could not be said that the accused were the aggressors. The other case relied upon is 1995 (1) M.P. Weekly Notes 56 (Billu v. State of M.P.), where it was held that there are cross -cases. Both the sides received similar injuries. All persons of complainant party and three of opposite party already released on bail. Rest also released on bail. The last case relied upon is 1996 (II) M.P. Weekly Notes 13 (Wali Khan v. State of M.P.), where there were cross -cases and lives of both parties were lost. One party was enlarged on bail. It was held that another was also entitled to same treatment.

(2.) LEARNED counsel for the State on the other hand contended that the cases relied upon are distinguishable inasmuch as in Supreme Court decision the case was decided after full trial, whereas in two other cases the facts were different inasmuch as in one of the case members of both the parties lost their lives, whereas in the other case full facts have not been mentioned. He frankly stated according to the case diary that the petitioner has received injury on the parietal region.