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Shyam Lal Vs. State

Shyam Lal vs State

Type Court Judgment Court Delhi Decided Jan 31, 1984
~2 min read
https://sooperkanoon.com/case/688793

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Criminal Miscellaneous Appeal No. 78 of 1984
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

- - 5,000.00 with one surety in the like amount to the satisfaction of the SHO/IO.

Key legal issue
Criminal
Acts & sections
Code of Criminal Procedure (CrPC) , 1973 - Sections 438

Parties & Advocates

Appellant / Petitioner

Shyam Lal

Advocate K.K. Sud,; Rajiv Chauhan and; P.S. Girdhar, Advs

Respondent

State

Legal References

Reported In
25(1984)DLT172

Excerpt

- - 5,000.00 with one surety in the like amount to the satisfaction of the sho/io.jagdish chandra, j.(1) the alleged occurrence took place as far back as 16.12.83. the petitioner is alleged to have caused knife injuries on the chest and abdomen of injured om wati as also on the chest and mid-finger of the right hand of her husband khazan singh. the report regarding the nature of injuries has not as yet been obtained by the police and a long time has elapsed since the date of occurrence. investigating officer of this case is present and on asking he submits that the doctor has now given one month's date for collecting the opinion regarding the nature on injuries. the learned counsel for the petitioner submits that all this delay has been intentional especially when khazan singh injured happens to be the sub. inspector of delhi police and further that 0m wati who is employed in hindu rao hospital as a nurse has remained there unnecessarily and deliberately so as to bring the case u/s. 326 ipc. it is also pointed out that the applicant is a young boy about 17' years with clean antecedents and that the two co-accused who are his grandparents have already been granted anticipatory bail. the petitioner's counsel further apprehend that if the petitioner is not granted anticipatory bail he would be unnecessarily harassed by delhi police of which injured khazan singh is a sub-inspector. he also asserts the falsity of this case. (2) looking to the various circumstances of this case, i direct that in the event of arrest the petitioner sham lal shall be released on bail on his furnishing personal bond in the sum of rs. 5,000.00 with one surety in the like amount to the satisfaction of the sho/io. it is further directed that the petitioner shall make himself available to the police for interrogation as and when desired by the police,

Full Judgment

Jagdish Chandra, J.

(1) The alleged occurrence took place as far back as 16.12.83. The petitioner is alleged to have caused knife injuries on the chest and abdomen of injured Om Wati as also on the chest and mid-finger of the right hand of her husband Khazan Singh. The report regarding the nature of injuries has not as yet been obtained by the police and a long time has elapsed since the date of occurrence. Investigating Officer of this case is present and on asking he submits that the doctor has now given one month's date for collecting the opinion regarding the nature on injuries. The learned counsel for the petitioner submits that all this delay has been intentional especially when Khazan Singh injured happens to be the Sub. Inspector of Delhi Police and further that 0m Wati who is employed in Hindu Rao Hospital as a Nurse has remained there unnecessarily and deliberately so as to bring the case u/s. 326 IPC. It is also pointed out that the applicant is a young boy about 17' years with clean antecedents and that the two co-accused who are his grandparents have already been granted anticipatory bail. The petitioner's counsel further apprehend that if the petitioner is not granted anticipatory bail he would be unnecessarily harassed by Delhi Police of which injured Khazan Singh is a Sub-Inspector. He also asserts the falsity of this case.

(2) Looking to the various circumstances of this case, I direct that in the event of arrest the petitioner Sham Lal shall be released on bail on his furnishing personal bond in the sum of Rs. 5,000.00 with one surety in the like amount to the satisfaction of the SHO/IO. It is further directed that the petitioner shall make himself available to the police for interrogation as and when desired by the police,

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