Girdhari Lal vs State
1991 Latest Caselaw 640 Del

JUDGMENT

(1) It has also been submitted that in all there were 9 accused in this case and five have already been released on bail. It has also been submitted that there is no allegation about the petitioner having inflicted actual injuries to Mangal Singh and thus a prayer has been made for his release on bail. This application has been opposed by counsel for the respondent who has submitted that as per prosecution story, the condition of Mangal Singh was very grave when he was brought to Guru Tegh Bahadur Hospital on 2nd July, 1990 where he died on 3rd July, 1990. He has submitted that all these witnesses being close relations were under grave mental tension and on that account they were unable to make statement on that day. He has also submitted that there are specific allegations in the Fir besides order allegations that it is the petitioner with whom a quarrel started and he is the person who caught hold of Mangal Singh to whom injuries were inflicted by his co-accused. The post mortem report indicates that there were as many as injuries on the person of Mangal Singh including injury on the head sufficient to cause death. It is also stated that the co-accused who have already been allowed bail had not taken part in the earlier part of the incident in which Mangal Singh sustained injuries.

(2) In these circumstances the factum of release of those persons cannot be a ground on which the petitioner could claim bail.