BALDEV KUMAR ARORA Vs. STATE (U T CHANDIGARH)

JUDGEMENT

(1.) THIS order shall dispose of Cr. M. Nos. 375 -M and 383 -M of 1985.

(2.) HEARD . The two petitioners along with another named Rana (non -applicant) engaged in verbal wrangle with the complainant, who is a Constable but at the time of the occurrence was in plain clothes. In that scuffle, Rana snatched the service revolver of the complainant, hidden under his clothes, and allegedly used it causing hurt to a woman. Then Rana and the two petitioners are said to have run away. The petitioners have been charged for an offence under section 394, Indian Penal Code, with the aid of section 34, Indian Penal Code, as also under section 323/34, Indian Penal Code. Though they stand charged before the Judge, Special Court, yet bare facedly it is a moot point whether the petitioners were aware of the complainant being in possession of revolver or that they shared the common intention of their co -accused Rana to rob the complainant of the revolver. Besides these facts, the prosecution further alleges that as a result of a disclosure statement made by Kuldip Kumar petitioner, the revolver was recovered at his instance from a place of concealment near railway line, Mani Majara, on 3.10.1984 i.e. two days after the original incident. It is also a moot point whether the revolver was in conscious possession of Kuldip Kumar or he had just the knowledge where the place of concealment was for it is the prosecution's own case that Rana co -accused had run way with the revolver. So in this situation, there are exceptional and sufficient grounds to release the petitioners on bail especially when they have been behind the bars with effect from 3.10.1984 and are stated to be young in age and petty traders. I am also satishfied that they have no antecedents from which it can be inferred that if released on bail, they are likely to commit an offence of the same nature in future. Thus, I order that the two petitioners be released on bail to the satisfaction of the Judge, Special Court, Chandigarh. Nothing said herein shall, however, affect the mind of the Judge towards the disposal of the case. These petitions are accordingly allowed. Petition allowed.