K.S.GAREWAL,J - (1.) THIS order shall dispose of two inter-connected bail applications, which have been filed by Chuhar Ram (Crl. Misc No. 5424-M of 2001) and by Bhagwan Dass and Yash Pal (Crl. Misc. No. 17718-M of 2001).
(2.) THE occurrence took place on October 21, 1999 on a path, which was required to be realigned but which was partly under the possession of the four accused, out of whom two are petitioners, namely Bhagwan Dass and Yash Pal. Chuhar Ram petitioner has no connection with the dispute over the alignment of the path or re-structuring of the boundary which the complainant party had started to do and it was this act which had led to the fight between two groups. On the side of the accused party, four persons received injuries which were incised wounds, lacerated wounds and contusions (two injuries were declared grievous). On the side of the complainant party, Nirmal Singh received incised wounds and abrasions including one incised wound on the neck cutting the air passage which cased death. This injury was alleged to have been inflicted by Bhagwan Dass petitioner. Moreover, three other members of the complainant party also received injuries. It is stated that in respect of the injuries received by the members of the accused party, a complaint under Section 326 I.P.C. has been filed against the complainant party.
(3.) AT this stage it will be pre-mature and also inadvisable to discuss the nature of the rights enjoyed by the parties, both civil and criminal, but the circumstances of the case do not warrant further detention of Chuhar Ram and Yash Pal in custody. Furthermore, under similar circumstances, Dev Raj and Ram Pal had already been granted the concession of bail by this Court on January 22, 2001 in Crl. Misc. No. 19733-M of 2000. No bail to Bhagwan Dass.;