SONU @ TASHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 135 of 2017, dated 27.11.2017, under Sections 341, 323 and 307 read with Section 34 of Indian Penal Code, 1860 (for short "IPC"), registered at Police Station East Shimla, District Shimla, H.P.

(2.) As per the petitioners, they are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 26.11.2017, police of Police Post Kasumpti received information qua a quarrel, which took place in APG University. The police personnel visited the spot and they were informed that a boy has been shifted for treatment to IGMC, Shimla, so the police visited IGMC, Shimla. In IGMC, Shimla, Shri Rajesh Kumar, Assistant Sports Officer, AGP University, Shimla, got his statement recorded under Section 154 Cr.P.C. wherein he stated that he has additional charge of Boys Hostel, APG University. On 26.11.2017, at about 09:30 p.m., after dining, when he came outside, he saw Leki (one of the petitioners, who are students of APG University) alongwith his friends was thrashing one Munna Nizi, who is student of AGP University. He has further stated that Leki hit Munna Nizi with some pointed object. Shri Robin Mahajan, Chief Warden, rescued the Munna Nizi from the petitioners. The injured was initially administered first aid in APG University and subsequently he was shifted to IGMC, Shimla. On the basis the statement of the complainant, police investigation ensued. A case was registered against the petitioners and the medico legal certificate of the injured was procured. Spot map was prepared and the statements of the witnesses were also recorded. The injured was further referred to PGI, Chandigarh. As per the opinion of SMO, PGI, Chandigarh, the injured was on ventilation in ICU and not fit for giving any statement. Opinion on nature of injury was reserved. The petitioners participated in the investigation and were arrested on 29.11.2017. As per the police, the petitioners gave beatings to the injured and used some pointed object to cause injury on his head. Petitioner, Kingang Thinley, gave a disclosure statement under Section 27 of the Evidence Act and as sequel thereto a screw driver was recovered at his instance, which was taken into possession. On 30.11.2017 the injured was discharged from PGI, Chandigarh. Thereafter, statement of the injured was recorded under Section 161 Cr.P.C. and Sections 147 and 149 IPC were substituted with Section 34 IPC. As per the prosecution, final medical opinion is still to be obtained and challan is yet to be presented in the Court.