SAHABUDDIN MEB Vs. SHIVLAL & ORS.

JUDGEMENT

(1.) It is an application for cancellation of bail granted to the accused non-petitioners Shivlal and Banni @ Banay Singh by the learned Sessions Judge, Alwar under his order dated 6th Nov. 1989. This application for cancellation of bail has been filed primarily on the ground that this court in S. B. Criminal Bail Application No. 30/2/1989 under order dated 20th Oct. 1989 had dismissed the pre-arrest bail application of these very accused non-petitioners and, therefore, the learned Sessions Judge should not have granted pre-arrest bail to the accused non-petitioners.

(2.) The case relates to the alleged beating given by the two accused non-petitioners and five others to one Hurmet. A report of the incident was station Rajgarh on 7th Oct. 1989, the occurrence having been taken on the same day. A perusal of the F.I.R. No. 162/1989 P.S. Ramgarh will show that the petitioner Sahabuddin has mentioned therein that a dispute was going on in between his uncle Makul and Fateh Singh of Ramgarh in agricultural lands. He and his father Hurmet along with other persons who have been named in the F.I.R. was going from Rajgarh to village Sureta and at about 5.30 p.m. when they were near their village in the jungle, Banni & Banay Singh S/o Fateh Singh by caste Gurjar, Moti, Kailash and another person who was relation to Kailash were standing there armed with weapons. Banni was armed with farsa. Kaili @ Kailash was armed with country made pistol and the rests were armed with lathis and all caused injuries to Hurmet. The injuries on Hurmet were examined and a perusal of injury report will show that he had as many as 17 injuries on different parts of the body including on his head. In the opinion of the doctor as many as 8 injuries were such which needed X-ray. X-ray was advised. In the aforesaid 8 injuries, injury Nos. 13, 14 & 15 are also included and it will appear that those injuries were, lacerated wounds, bone deep (over mid-line), lacerated wound on right parital region of sholder x 1/2 and lacerated wound on the right parital region of skull 3x 1/2 and the bone leap. It appears that X-ray was taken so far as injuries on head were concerned no injury to the bone is said to have been found but as many as 4 fractures on the other parts of the body were found.

(3.) An application u/s 438 Crimial P.C. was filed on behalf of these two accused non-petitioners before the learned Sessions Judge and the learned Sessions Judge under his order dated 16th Oct. 1989, the order being detailed one, while allowed the bail to one Laxman Singh but disallowed bail to the accused non-petitioners Banni and Shivlal. After the aforesaid order the application u/s 438 Crimial P.C. was filed in this court and this court in S.B. Criminal Bail Appl. No. 3062/1989, agreeing with the learned Sessions Judge, dismissed the pre-arrest bail application on 20th Oct. 1989. It is not disputed that thereafter another application u/s 438 Crimial P.C. was filed on behalf of the accused non-petitioners before the learned Sessions Judge, Alwar and the learned Sessions Judge under his order dated 28th Oct. 1989 again dismissed the pre-arrest bail application. It appears that thereafter an application u/s 438 Crimial P.C. was filed on behalf of Kaili @ Kailash and the learned Sessions Judge allowed him pre-arrest bail. Thereafter, another application u/s 438 Crimial P.C. was filed before the learned Judge and the learned Judge under his order dated 6th Nov. 1989 allowed pre-arrest bail to the accused non-petitioners Banni @ Banay Singh and Shivlal.