AMAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Accused-petitioner has moved the present application under S. 439 of the Code of Criminal Procedure praying for his release on bail in case FIR No. 41 of 1999 dated 21-6-1999 under Ss. 307, 353, 332, 506 and 186 of the Indian Penal Code registered in Police Station, Chopal. It is claimed that the petitioner at present is in judicial custody and is an innocent person who has wrongly and falsely been implicated in the case due to political rivalry of the rival group of the same area. It is further averred that the offence under S. 307 of the Indian Penal Code is not made out against him, that he is a respectable person of the area and is not likely to flee from justice or repeat the offence and that in case released on bail he will not tamper with the prosecution evidence.

(2.) I have heard the learned Additional Advocate General and the learned counsel for the accused-petitioner and have also gone through the relevant records.

(3.) Case of the prosecution in brief is that on 28-3-1999 S.D.M., Chopal Shri B. R. Kaundal reached at Examination Centre at Kupvi at about 2-30 p.m. for the purpose of checking, the moment he opened the window of the vehicle in which he was travelling, to alight therefrom the accused came forward and gave a deadly blow on his head with a sharp edged weapon. However, in the process said B.R. Kaundal caught hold of the arm of the accused which minimised the impact of the blow and but for such intervention the blow could prove fatal. The said SDM was saved by his driver and one Mohan Lal employee in the Tehsil office in Kupvi. The accused thereafter abused and criminally intimidated the SDM and ran away from the spot. At the relevant time and date, Shri Suresh Chand son of the accused was also taking the exam of 10 + 2 in the same Examination Centre. The matter was reported to the police and the investigation followed and on investigation the police found that the accused had committed the offences punishable under Ss. 307, 186, 332 and 506, IPC.