JAGMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner, Jagmal, who has been booked for having committed the offences punishable under Sections 148, 285, 302, 323, 324 and 336 read with Section 149, IPC and Sections 25 and 27 of the Arms Act, in a case arising out of FIR No. 157, dated 09.12.2012, registered at Police station, Rajound, District Kaithal. Learned counsel contends that no injury has been assigned to the petitioner on the person of the deceased; that after investigation, the charge-sheet (report under Section 173, Cr.P.C.) has been presented before the learned Area Judicial Magistrate; that the petitioner is behind the bars from 12.12.2012; that from the perusal of the charge-sheet (report under Section 173, Cr.P.C.) and the documents enclosed therewith, it transpires that a wad was recovered from the dead body of the deceased during the course of postmortem examination and the same was sent to the Forensic Science Laboratory for examination. He further submits that a rifle.315 Bore was allegedly recovered from the petitioner and the riffle can't fire a shot containing the wad, therefore, it is apparent that the petitioner had not caused injuries to the deceased.

(2.) Learned counsel for the State, on instructions from ASI Ram Kumar, very fairly concedes that the petitioner has not been attributed the injury on the person of the deceased, Karan Singh. He also concedes that the petitioner is behind the bars from 12.12.2012 and after completion of the investigation, the charge-sheet {report under Section 173, Cr.P.C.) has already been submitted before the learned Area Judicial Magistrate.

(3.) Learned counsel for the complainant though opposed the grant of bail to the petitioner but could not substantiate the grounds for refusal.