Learned counsel for the petitioner in support of this petition submits that there is delay of 24 days in lodging the F.I.R., that the petitioner was also injured in the present occurrence. He had got three injuries on his person which were suppressed by the prosecution, that the petitioner is behind the bars for the last 8 months, that no evidence has been recorded so far. He submits that case is of further inquiry falling under subsection (2) of section 497, Cr.P.C.
2. On the other hand learned State Counsel submits that the petitioner is named in the F.I.R. He was armed with hatchet and he caused three injuries, one landed on the head of the injured P.W., that recovery has been effected from the petitioner. She submits that case of the petitioner falls within the prohibitory clause of section 497(1), Cr.P.C.
3. I have heard the learned counsel for the parties. There is delay of 24 days in lodging the F.I.R., although, the complainant tried to explain the same that he remained busy in providing medical treatment in order to save the life of the injured but the fact remains that the petitioner was also injured. Medical Certificate in this regard has been produced before this Court. It reveals that there are three injuries on his person, one is on the left side of the back of top head, though the bone was not exposed. There were two other injuries. These injuries have been suppressed by the prosecution. Petitioner was also examined on 18-6-2002 at 6-15 p.m. i.e. On the day of occurrence.
The petitioner is behind the bars for the last 8 months. Case against the petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C. In this view of the matter, this petition is accepted and the petitioner' is allowed bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of trial Court.