RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Criminal Miscellaneous Petition filed by Ram Singh son of Shri Giani Ram whereby he has prayed to this court that the bail allowed to Abhey Singh respondent No. 2 in case FIR No. 171 dated 16.6.95 under Sections 302 IPC registered at PS Jatusana, Distt. Rewari by Additional Sessions Judge, Rewari vide order Annexure P2 be cancelled. Facts of the prosecution case briefly stated are as follows :

(2.) ON 15.6.1995 at about 9,00 - 9.15 p.m. Giani Ram came to his house from the side of the house of Abhay Singh. Giani Ram was in a state of acute intoxication. He retired to bed in front of his house. After some time, he complained to his son Ram Singh that he was feeling burning sensation in his chest. He asked his son Ram Singh to pour water on him. Ram Singh accordingly started pouring water on his father. His father asked him to call the police as Abhay Singh son of Shimbu Ram caste Ahir had given him something in drink which was causing irritation. Realising that his father's condition was bad, Ram Singh brought tempo of Kalu Panjabi from the village and took him to village Gudiani for treatment from Dr. Shri Kishan. Giani Ram breathed his last.

(3.) RAM Singh lodged FIR with the police with regard to this occurrence, namely FIR No. 171 (ibid) at PS Jatusana. The viscera was sent to the Chemical Examiner for Chemical Examination. The grievance of Ram Singh expressed in this Crl. Misc. Petition is that Additional Sessions Judge allowed bail to Abhay Singh in haste without awaiting the result of the analysis of the viscera by the Chemical Examiner, and without taking into account the gravity of the offence stated to have been committed by Abhay Singh. Gravity of the offence did not warrant the release of Abhay Singh on bail by Additional Sessions Judge, Rewari vide impugned order Annexure P2.