H HUSAIN Vs. STATE

JUDGEMENT

(1.) THE learned Public Prosecutor wants to call for the case diary. I regret that this is not a case where time may be granted for sending for the case diary as it is a case where six accused persons have been alleged to have committed offences under Sections 147, 325, 307, 451 and 171, I.P.C. A perusal of the injury report discloses two contusions whose dimensions are not more than 3 cm in any case, one abrasion 1 1/2 cm and complaining of chest pain which of course is due to fracture of the ribs. The author of this injury is not known. With the aforesaid minor injuries on the person of the injured it would be too risky and rather venture some to attract Section 147 with the intention of causing death as if the man would have died the case would have resulted in murder. The case which is barely beyond travelling Section 323 can by no means a case where diary may be permitted to be called for.

(2.) HENCE , in the facts and circumstances of the case. I am inclined to grant bail under Section 439, Cr.P.C. to the accused petitioners.