- (1.) SECOND innings of -'bail without jail", after avoiding arrest for one and a half years.
(2.) HEARD learned counsel for the petitioners and Mr Khan, P. P. Chhanga and Pema have filed this second bail application under section 438, Cr. P. C. after the first was rejected by this Court on 4-9-81. In the order dated 4-9-81, detailed facts have been given as to how two cross cases were filed by the rival parties and in one of them Chhanga Ram and Pema are facing investigation. The co-accused of Chhangaram and Pema were granted anticipatory bail by order dated 4-9-81, and they are Sarvjeet, Raghubeer, Amar-Singh, Murli and Raghunath required in F. I. R. No. 57/81 of P. S. Toda Bhim dated 29-7-81. In the cross case of FIR No. 56/81 of the same police station, Jainarain and Chiman were admitted to bail under section 438, Cr. P. C. by the same order. Earlier also, a submission was made by Mr. Rastogi, who represented Chhangaram and Pema that it was established on record that the opposite party was the aggressor. Now, Mr. Gupta appearing for these two accused has submitted that by the investigation this fact has been proved and a challan is going to be filed against the opposite party under section 307, I. P. C. Mr. Gupta relied upon the decision of the Apex Court Gurbakh Singh Sibhia vs. Sarbajit Singh (l) and read out the important observations made in para 31 in support of the contention that bail should be granted to the present accused also under Sec. 438, Cr. P. C. Mr. Gupta's contention is that on the record, it is established that these two accused have been involved on account of political rivalry and criticism, and an effort is being made to humiliate them by arrest and detention in jail. Mr. Gupta submitted that there was no chance of these accused absconding, as one of them has remained a member of the Legislative Assembly earlier and now Chief of Bhartiya Janta Party, a political party in the district. Mr. Gupta also submitted that on the record it is established that these persons never absconded during all this time interval between the rejection of the first application and the moving of the second bail application. Mr. Khan learned P. P. who has obtained the record of investigation, has pointed out that these two accused are going to be challaned under Section 307, I. P. C. It was pointed out that specific evidence has come on account of which it is established by the investigation that these two accused used sharp edged weapons, such as Kulhadi and Pharsi, and caused serious injuries to the persons belonging to the complainant patty. Mr. Khan pointed out that the medical evidence supports it, and it was further pointed out that on 21st, 22nd and 23rd of December, 1982, efforts were made to arrest them, but these two accused were absconding according to the police record and could not be arrested, Mr. Khan pointed out that after rejection of the first bail application on 4-9-81, these two accused have not surrendered and even when effort was made to arrest them they were not available to the police, and, therefore, there is no exceptional reason to grant them bail now when the case has been proved by investigation against them under Section 307, I. P. C
(3.) MR. Khan further pointed out that the allegations of political vendata are not correct and it is a case of attack by these persons on the complainant party causing serious injuries. MR. Khan also submitted that merely because a person happens to be a member of the political party or chief of the political party in area, it provides no impunity for arrest, if he is involved in a criminal case, as the law should be allowed to take its own course irrespective of the political affiliations of the accused. I have carefully considered the submissions of the learned counsel for the parties after hearing them at length. This is second time that I am considering this bail application, because earlier order dated 4-9-81 was also passed by me. It is not in dispute that the prosecution after investigation has decided to file a challan under section 307, I. P. C. against these two accused and originally, right from the stage of filing of the F. I. R. these two persons were accused of using deadly sharp edged weapons such as axe and Pharsi causing grievous injuries. ;