RAM PHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) BOTH these petitioners are disposed of by this common order. The incident in this case seems to have been provoked on the issues of taking Gram Panchayat land on lease during auction held by the Gram Panchayat. The incident has given rise to cross -complaints. On the side of the present accused/petitioners also some persons were injured, and some of those injuries were incised. It is alleged by the prosecution that the petitioners indulged in throwing brick -bats and firing fire -arms. Consequently, some of the persons from the other group from the complainant side also sustained injuries. Some of those injuries were gun -shot injuries, but fortunately these were not fatal. The site plan indicates that the incident took place in front of the house of the accused -petitioners. Some stones and brick -bats were found lying strewn. That indicates that there was some exchange of brick -bats. In the set of circumstances, bail had been granted to other accused involved in this case. It appears that the accused -petitioners are agriculturists and not professional criminals. There is no case that there is a possibility of absconding any of the petitioners. There is no allegation that the accused already on bail have ever misused their liberty.

(2.) IN the set of circumstances, bail granted to the petitioners on each of them executing bail bond and surety bond in the sum of Rs. 50,000/ - in case FIR No. 164, dated 19.5.1998 under Sections 307, 323, 506, 148, 149 IPC and 25 of the Arms Act and under Section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989, Police Station Narwana, to the satisfaction of the Chief Judicial Magistrate, Jind. Petition allowed.