KAMALJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.M.P.(M) Nos. 119, 120, 121, 122, 123, 124 and 125 of 2012 which have been filed by Kamaljit Singh, Balwinder Singh, Lakhbir Singh, Sunny Sharma, Balwinder Singh, Davinder Singh and Rohit Sharma, respectively for releasing them on bail in FIR No. 3 of 2012 dated 15.1.2012 registered at Police Station, Bangana, District Una under Sections 147, 148, 149, 307, 427 IPC and Section 187 of the Motor Vehicles Act. It has been stated that the petitioners are innocent, they have committed no offence and they have been falsely implicated in the case. The case at the most as per the allegations is of road rage and not attempt to murder etc. as alleged. The petitioners have been arrested on 15.1.2012 and since then they are in custody. The continuous detention of the petitioners is not necessary. It has been stated that petitioners are ready to furnish bail bonds in accordance with the directions of this Court. The petitioners earlier filed bail applications which have been dismissed by the learned Additional Sessions Judge, Una on 28.1.2012. The prayer has been made for releasing the petitioners on bail.

(2.) THE status report has been filed. It has been stated that the case has been registered on the statement under Section 154 Cr.P.C. of Karnail Singh. The prosecution case is that on 14.1.2012 the complainant at about 9.50 p.m. had gone from Thana Kalan to drop Sunil Kumar at his residence at Chaproh. Near Chaproh temple the driver of a black jonga in which 6 -7 persons were sitting hit the vehicle of the complainant, who stopped his vehicle. Jonga was also stopped by the driver and asked the complainant what problem he had, 6 -7 boys who were sitting in the jonga came out and started quarrelling with the complainant. The complainant took his vehicle to the house of his sister at Kakrana. The driver of jonga also followed him and stopped the jonga outside the house of the sister of the complainant. Mukesh in order to save the complainant came there in his vehicle HP39 -6278. On this, all the persons sitting in the jonga alongwith driver came out with shovel, baseball, takwa and broke the window panes of the vehicle of Mukesh and ran from Kakrana towards Bhakhra.

(3.) THE vehicle PB -67C -4746 has been taken into possession. Shovel, Takwas have also been recovered. Surinder Mohan injured was got medically examined and he has been referred to Regional Hospital, Una and is under treatment. The petitioners were arrested on 15.1.2012 and are now in judicial custody. The medical officer has opined injuries No. 1 and 4 grievous blunt. The injured is now under the treatment at Jalandhar. The applications of the petitioners were rejected by the learned Additional Sessions Judge, Una. The prayer has been made for rejection of the petitions.