PYARA SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioners have approached this Court for grant of bail in respect of FIR No. 213 of 2014, dated 6.6.2014 registered at Police Station Paonta Sahib, District Sirmour under Section 30434 I.P.C.

(2.) NOTICE of the petitions was given to the State. Today the Additional Advocate General has filed the status report and also produced the records of the investigation. Mr. Virender Kumar Verma, learned Additional Advocate General has strenuously argued that the accused Pyara Singh is a habitual offender, against whom three cases have already been registered on different occasions and taking into consideration his criminal history, he should not be enlarged on bail. In so far as the other co -petitioners are concerned, it has been claimed that despite being fully aware of the fact that the deceased Inder Pal Singh was a heart patient, yet they not only physically assaulted him, but created an atmosphere, full of threat and fear, resulting in his death due to heart attack.

(3.) SH . Ramakant Sharma, learned counsel for the petitioners strenuously argued that the provisions of Section 304 I.P.C. would not attract to the facts of the present case, especially when the deceased admittedly died of myocardial infarction and not because of the beatings given by the accused. Further stated that taking the prosecution story as it is, it cannot be said that the petitioners had committed injuries to kill the deceased, in fact the petitioners had not even inflicted any injury on the person of the deceased, which is further corroborated by the medical evidence. He would also contend that no recoveries are required to be effected and the petitioners are unnecessarily languishing in the jail since 6.6.2014. He would also contend that the bail is the rule while jail is the exception and would further place reliance on the judgment of this Court in Govind Sagar Vs. State of H.P. : 2014 (2) Him. L.R., 1127, wherein this Court has held as under: -