ATTAR KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Attar Khan son of Nawal Khan has applied for the grant of regular bail, in a case registered against him alongwith his eight other co-accused, by means of FIR No.449 dated 19.11.2011 (Annexure P1), on accusation of having committed the offences punishable under sections 148, 323, 452 and 506 read with section 149 IPC (offence u/s 307 IPC was subsequently added) by the police of Police Station Punhana, District Mewat, invoking the provisions of section 439 Cr.PC.

(2.) NOTICE of the petition was issued to the State.

(3.) IT is not a matter of dispute that initially, a criminal case was registered against nineteen accused. During the course of investigation, ten out nineteen accused were found innocent by the police. They were not challaned. According to the prosecution that petitioner Attar Khan gave a Farsa blow, which landed on the head of complainant Fazruddin. He did not repeat the injury. The occurrence in this case is of 9.11.2011, but the prosecution has obtained the opinion of doctor on 14.2.2012 i.e. after more than three months of the occurrence. Not only that, the opinion of the doctor is very vague that injury No.1 is dangerous to life. Whether such vague opinion after more than three months of the date of occurrence, will attract the penal provisions of section 307 IPC, would be a moot point to be decided during the course of trial by the trial Court. Moreover, the petitioner was arrested on 28.2.2012, since then, he is in judicial custody and no longer required to be further detained in jail for any purpose. There is no history of his previous involvement in any other criminal case. Even, since the charges have not yet been framed, so, the conclusion of trial will naturally take a long time.