9911796707
TMI Blog2017 (8) TMI 1724X X X X Extracts X X X X X X X X Extracts X X X X ..... arity of order on the basis of medical document submitted. Neither the degree of ailment or age is at par with the other coaccused. The fact that whether the primary evidence have been adduced or not and the statement of Manish Tawri (PW-11) who states about the presence of fracture cannot be decided during hearing the bail applications, it would be within the exclusive domain of the trial Court to examine the same. Any observation or finding at this stage would amount to usurp the power of trial Court. Witnesses have already been examined, however, it appears that OP Singh, who is injured is still to be examined and progress of the trial is satisfactory since 11 witnesses have already been examined - there are no change in the circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Quality Control Laboratory, again after some time the applicants came there and started arguing with the officials on some issue and thereafter assaulted the General Manager as a result which he sustained injury on the eye as also fracture of right lamina papyracea. 4. Learned counsel for the applicants would submit that in this case the Section 333 of the IPC was added on the statement of Dr. Nivedita Kolhe, whereas she has not been cited as witness and the primary evidence would show that O.P. Singh who is said to be injured and the injury was stated to be simple in nature. It is further stated that Dr. Manish Tawri (PW-11) who has now been examined has given the report only on the basis of C.T. Scan and has not examined the injured itse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used. The fact that whether the primary evidence have been adduced or not and the statement of Manish Tawri (PW-11) who states about the presence of fracture cannot be decided during hearing the bail applications, it would be within the exclusive domain of the trial Court to examine the same. Any observation or finding at this stage would amount to usurp the power of trial Court. 7. Witnesses have already been examined, however, it appears that OP Singh, who is injured is still to be examined and progress of the trial is satisfactory since 11 witnesses have already been examined. Considering the same, I do not find any change in the circumstances to reconsider the bail again. Accordingly, both the bail applications are rejected. - - Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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