JUDGEMENT
SANJAY KAROL, J. -
(1.) IN this petition, filed under the provisions of
Section 439 of the Code of Criminal Procedure, petitioner
Devinder Kumar (hereinafter referred to as the accused) is
seeking regular bail, in connection with FIR No.103 of 2013,
dated 12.5.2013, registered at Police Station, Balh, District,
Mandi, Himachal Pradesh, under the provisions of Sections
302, 341, 323 of the Indian Penal Code. Accused stands arrested on 30.6.2013.
(2.) SHRI Muni Lal, father of deceased Virender, in the night intervening 11.5.2013 and 12.5.2013, got his
statement recorded with the police at Camp at PGI,
Chandigarh, to the effect that accused Devinder Kumar, with
a deadly weapon, assaulted his son Virender in the night
intervening 7.5.2013 and 8.5.2013, as a result of which his
son sustained grievous injuries. FIR in question was
registered on the basis of this statement. Unfortunately,
Virender expired in the hospital at Chandigarh on 13.5.1013.
I have perused the status report and the record produced by ASI Shri Saheb Singh, pertaining to FIR No.99 of
2013, dated 8.5.2013, registered under the provisions of Sections 457, 380, 511 and 34 of the Indian Penal Code,
against deceased Virender @ Suku, Suresh @ Chnu and
Kamal @ Kaka; and FIR No.103 of 2013, dated 12.5.2013,
registered under the provisions of Sections 302, 341, 323 of
the Indian Penal Code, against the present accused.
(3.) UNDISPUTEDLY , prior to registration of FIR No.103 of 2013, present accused Devinder had got FIR No.99 of 2013
registered at the very same Police Station, naming, amongst
others, deceased Virender as an accused.;
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