16 January 2020
Bhubaneswar: While the CCTV footage shows that the attack on Parvinder Pal Singh was brutal and could have led to loss of life or permanent impairment, what baffles one is, on what grounds the police not press Section 307 (attempt to murder) of the IPC while framing charges.
The three accused in this case, Sankar Rout, Deepak Mohanty and Deepak Jena secured bail from the SDJM's court within few hours of their arrest.
According to Parvinder, he was beaten by the three youths with bricks and stones on his head and face. The nature of the injuries in this case is very grievous. Two days have elapsed, but Parvinder is unable to open his left eye which is bloodied and swollen.
Here are the Sections of the IPC under which the attackers of Parvinder have been booked:
294: indulging in obscene act in any public place causing annoyance to others (cognizable and bailable)
341: Punishment for wrongful restraint (Cognizable and bailable offence)
323: Punishment for voluntarily causing hurt (bailable)
336: endangering life or personal safety of others (bailable)
337: Causing hurt by act endangering life or personal safety of others (bailable)
379: Punishment for theft (non-bailable but compoundable)
506: Punishment for criminal intimidation (bailable and non-cognizable)
34: Acts done by several persons in furtherance of common intention
A Bhubaneswar-based lawyer pointed out, "Considering the nature of the attack, there seems no reason why ‘Attempt to Murder’ (Section 307) charge was not included in the FIR. Had that been the case, the accused persons could not have managed to get bail."
The lawyer added, “Granting of bail is solely the discretion of the Judge. However, the charges pressed by the police will guide the Judge.”