- (1.) The present application for cancellation of bail has been filed on behalf of the petitioner who is the injured-complainant in the present case. The respondent No. 2 was arrested in connection with FIR N9. 266/09 registered at the Police Station Sadar, District Sri Ganganager for the offence under Sections 307, 325, 323, 341/34 Indian Penal Code for having caused sharp weapon injuries to the petitioner.
(2.) The respondent No. 2 subsequent to his arrest approached this Court for being released on bail under Section 439 Criminal Procedure Code and the bail application filed by the respondent No. 2 Satpal Singh came to be registered as S.B. Criminal Misc. Bail Application No. 4990/2009. This Court has rejected the bail application filed by the respondent on 8.12.2009, after making the following observations: "The accusations against the petitioner are of having caused the injury on the head of the injured Ashok. Though it has been suggested that such injury was caused with a dagger, however, the learned counsel for the petitioner argues with reference to the injury report that the report had not been specific on the nature of the weapon used and rather, in relation to the weapon, 'not known' is the comment made; and then, according to the learned counsel, the injury, being in the length of about 10 cm, is not likely to have been caused on the head by a dagger. The submission made before the Court do not make out a case for grant of bail to the accused at this stage particularly when it is noticed that there had been at least two injuries on the head of the injured with fracture of left temporooccipital bone; and the petitioner is alleged to the author of such injuries."
(3.) Thereafter, just after a laps of 14 days i.e. on 22.12.2009, another bail application was moved by the respondent before the learned Sessions Judge, Sri Ganganagar. At the foot note of the bail application as well as in the body of the bail application, it was mentioned that it is a second bail application on behalf of the respondent and that his earlier bail application had been rejected by the Hon'ble High Court. The bail application came to be heard by the link Officer who was officiating as the Sessions Judge, Sri Ganganagar in the winter break. The bail application thus filed by the respondent was allowed by the order dated 31.12.2009 and in the para 4 of the order, the learned Judge while granting bail to the respondent No. 2 observed that none of the injuries of the injured was dangerous to life and that the wife of the accused was undergoing treatment and as such, the respondent No. 2 was directed to be released on bail in the matter.;