IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 695 of 2009 and Cr.M.P.(M) No. 696 of 2009. Date of decision: August 19, 2009. 1. Cr.M.P.(M) No.695 of 2009. Anil Kumar …..Petitioner. Vs. State of H.P. …. Respondent. 2. Cr.M.P.(M) No. 696 of 2009. Ajay Kumar …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner(s): Mr. G.D.Verma, Senior Advocte with Mr. B.C. Verma, Advocate. For the respondent (s) : Mr. A.K. Bansal, Addl. Advocate General. Kuldip Singh, Judge (oral). This judgement shall dispose of Cr.M.P.(M) No. 695 of 2009 and Cr.M.P.(M) No. 696 of 2009, as both have arisen out of FIR No.117 dated 15.7.2009, registered at Police Station, Dhalli, under Sections 307, 324, 34 IPC. Cr.M.P.(M) No. 695 of 2009 has been filed by Anil Kumar and Cr.M.P.(M) No. 696 of 2009 has been filed by Ajay Kumar. In both the applications, the petitioners have prayed for grant of bail, under Section 439 Cr.P.C. The status report has been filed in Cr.M.P.(M) No. 695 of 2009. Whether the reporters of the local papers may be allowed to see the Judgment? …2… 2. Heard and perused the record. The petitioner in Cr.MP(M) No. 695 of 2009 has stated that FIR No. 117/09 has been registered on the ground that beatings were given to one Tarik Mohammad on 15.7.2009. The petitioner is innocent, he has committed no offence. The petitioner had filed an application, under Section 439 Cr.P.C., for grant of bail, which was rejected by the Additional Sessions Judge (Fast Track Court) Shimla on 11.8.2009. The petitioner is in judicial lock up since 15.7.2009, nothing is to be recovered from him and no useful purpose will be served by continuous detention of the petitioner in judicial custody. 3. In Cr.MP(M) No. 696 of 2009 more or less same pleas have been taken by petitioner Ajay Kumar as have been taken by the petitioner in Cr.M.P(M) No. 695 of 2009. The learned counsel for the petitioners while referring to para-3 of order dated 11.8.2009 passed by the learned Additional Sessions Judge, has submitted that alleged injury is on the right leg of the complainant and, therefore, the case does not fall under Section 307 IPC. The learned counsel for the petitioner has also submitted that investigation in the case is complete, and, therefore, detention of the petitioners in judicial custody is no more required. In the status report, it has been stated that three injuries were found on the person of the injured out of which two injuries were simple and one injury was dangerous to life, which was caused by sharp edged weapon. The weapon of offence has been sent for chemical examination and the Chemical Examiner’s report is still awaited. The learned Additional Advocate General while opposing the bail applications of the petitioners on instructions …3… received has submitted that investigation in the case is complete except for the report from Chemical Examiner. It has also been submitted that the injured has been discharged from the hospital. 4. I have considered the rival contentions of the learned counsel for the parties. The petitioners were arrested on 15.7.2009 and since then they are in custody. The investigation in the case is almost complete, the injured has been discharged from the hospital on 20.7.2009 as per MLC of the injured. The petitioners have made out a case for grant of bail in their favour. Therefore, in the facts and circumstances of the case, both the petitions are allowed and petitioners are ordered to be released on bail on their furnishing bail bonds in the sum of Rs.20,000/- each with one surety each of the like amount to the satisfaction of learned Additional Sessions Judge (Fast Track Court) Shimla in case FIR No.117 dated 15.7.2009, registered at Police Station, Dhalli, under Sections 307, 324, 34 IPC, with the conditions that petitioners shall not hamper the investigation or tamper with the prosecution evidence in any manner. Let a copy of this judgement duly authenticated by the Court Secretary be placed on the file of Cr.MP(M) No. 696 of 2009. Copy dasti. August 19, 2009. ( Kuldip Singh ), (Hem) Judge.