STATE OF H.P. Vs. PANKJU RAM

JUDGEMENT

(1.) Since both these petitions arise out of the same case, therefore, these are being disposed of by this common judgment.

(2.) Brief facts leading to the presentation of these petitions are that Pankju Ram and Suraj (hereafter referred to as the respondents) are accused of the commission of offences punishable under Sections 307, 326, 506/ 34 IPC. The case of the prosecution against them, in brief, is that on 26.7.2000 at about 7.50 p.m., when Manik Sharma was coming back to his house after playing football match at Yol Camp, he was apprehended by the respondents and they threw acid on his face and fled away from the scene. Manik Sharma was removed to Dr. Rajindera Prasad Medical College, Dharamsala from where he was referred to CMC, Ludhiana and finally to PGI, Chandigarh. As a consequence of the incident, FIR No. 134/2000 dated 26.7.2000 was registered at Police Station, Dharamsala for the commission of the aforesaid offences by the respondents. At present, they are facing trial.

(3.) Respondent Pankju Ram filed an application under Section 439 Cr.P.C. (Bail Application No. 149 of 2000) which was heard and allowed by the learned Additional Sessions Judge (2), Kangra at Dharamsala on 13.9.2000. Feeling aggrieved, the State has preferred the present Criminal Revision No. 148 of 2000 for setting aside the said order dated 13.9.2000. Respondent Suraj also preferred an application under Section 439 Cr.P.C. for his release on bail which was heard and dismissed by the same Additional Sessions Judge vide his order dated 19.10.2000. Respondent Suraj then preferred an application under Section 439 Cr.P.C. for grant of bail in this Court which was heard and allowed vide order dated April 20, 2001 in Cr. M.P. (M) No. 398 of 2001. Feeling aggrieved, petitioner Brij Kumar Sharma, father of the injured has preferred Cr.M.P. (M) No. 776 of 2001 praying for cancellation of bail granted by this Court to respondent Suraj.