APAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application under S. 438 Crimial P.C. where a case has been registered for offence under Ss. 341, 323 & 34 IPC. After investigation of the case S. 308 Penal Code was also added.

(2.) The incident took place on 5.2.92 at 7.00 when the complainant party is alleged to have been beaten by the accused persons. Multiple injuries were sustained by Mahendra Singh who also had one injury on his head inflicted by sharp edged weapon. Application for anticipatory bail was moved by the petitioners before learned Sessions Judge, Alwar who rejected the same by his order dated 17-4-1992. It is pertinent to mention here that one accused Gurucharan Singh against whom there had been allegations of inflicting injuries on Mahendra Singh by blunt object, was arrested and he moved an application on 3.4.92 before the learned Magistrate No. 3, Alwar.

(3.) In this application for anticipatory bail the learned counsel for the petitioners has submitted that the prosecution has come out with a case under S. 308 Penal Code and not one under S. 807 IPC. The injuries, it is alleged, sustained by the injured Mahendra Singh are all simple in nature and only in order to give gravity and making the offence triable by the court of Sessions S. 308 Penal Code has been added. It is contended by the learned counsel for the petitioners that they have been falsely entangled in the case because of the previous enmity between the parties and even otherwise if all the applications are taken together and the offence alleged, it is only in case under S. 308 Penal Code that the accused should be released on bail because maximum punishment permissible under S. 308 Penal Code is 7 years, when an injury is sustained else it is only 3 years. Thus the offence is punishments with the same sentence with which an offence under S. 325 IPC.