The Court dismissed a petition for anticipatory bail, holding that the offence involved grievous injury and carries life imprisonment. Compromise was with only one injured party, and the weapon was unrecovered. The petitioner alleged false implication, but lack of corresponding injury on him negated the claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M. No. M- 11110 of 2009 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M. No. M- 11110 of 2009 (O&M) Date of decision : 6.7.2009.
Harinderpal Singh
................ Petitioner vs.
State of Punjab
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. Rakesh Kumar, Advocate for the petitioner.
Sh. Sudhir Nehra, Additional Advocate General, Punjab
Sh. A.S. Khinda, Advocate for the complainant.
K.C. Puri, J. (Oral)
As per allegation of the prosecution Harinderpal Singh – applicant, gave grievous injury with gandasi on the right leg of Gagandeep Singh.
Vide order dated 27.4.2009, interim bail was granted to the petitioner on joining the investigation on the ground that the petitioner has compromised with the complainant.
The compromise is only with one of the injured and not with the other injured. The offence is punishable with life imprisonment.
Crl.M. No. M- 11110 of 2009 -2-
The weapon of offence is yet to be recovered.
Counsel for the petitioner has submitted that petitioner has
been falsely implicated due to land dispute. He has further contended that hired persons were collected by Hardip Singh and they are the aggressors.
I have considered the said submission, but do not find any force in that submission, as there is no corresponding injury on the person of petitioner.
So, no ground for grant of extraordinary relief of anticipatory
bail is made out and consequently, the petition stands dismissed.
( K.C. Puri ) 6.7.2009. Judge chugh
3 issues framed by the court
Whether grounds for extraordinary relief of anticipatory bail are made out in a case involving grievous injury and life imprisonment.
Whether compromise with only one co-injured party justifies granting preliminary bail.
Whether the allegation of false implication by hired persons justifies grant of bail when no corresponding injury exists on the petitioner.
Harinderpal Singh
State of Punjab
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
