Petitioner sought regular bail under Section 439 Cr.P.C. for offences under IPC. The court noted a head injury arising from a kirpan blow was attributed to the petitioner, rendering the case unsuitable for bail release.
Regular bail application dismissed.
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.
Criminal Misc. No.M-29422 of 2008
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M-29422 of 2008 Date of Decision:05.02.2009
Gaurav Raina
.....Petitioner
Vs.
State of Punjab
.....Respondent
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:Mr. P.S. Hundal, Advocate for the petitioner.
Mr. T.S. Salana, Deputy Advocate General, Punjab.
Mr. Veneet Sharma, Advocate for the complainant.
JUDGMENT
HARBANS LAL, J.
This petition has been moved by Gaurav Raina alias Tinku under Section 439 of Cr.P.C seeking his regular bail in case FIR No.329 dated 16.8.2007 registered under Sections 307, 352, 326, 324, 323, 148 and 149 IPC at Police Station Sadar, Amritsar.
The brief facts of the prosecution version are that Dinesh Kumar son of Ashok Kumar made the statement before the police that he works in the Spice Mobile Company. His friend Vicky Sharma is working as a deed writer and he has built a haveli near Baba Sri Chand Colony, Majitha Road, Amritsar where he is keeping the buffaloes and has also employed a servant to look after the buffaloes. Vicky Sharma takes the milk from there in his house everyday. On 16-08-2007 he alongwith Vicky
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Sharma were going on a motorcycle to the haveli of Vicky Sharma to bring the milk. At about 7.30 A.M when they reached at the haveli, then Gaurav @ Tinku son of Jawahar Lal armed with Kirpan and Ankush Sharma son of Raj Kumar armed with Kirpan, Monu son of Gurwant Singh alognwith 2/3 un-identified persons who were also armed with kirpans and dattars came on the scooter and motorcycles and on seeing the outer gate being opened entered in the haveli. Out of them Gaurav Sharma raised lalkara to catch hold of Vicky Sharma and not to leave him alive. Accused Gaurav gave a kirpan blow on the person of Vicky Sharma which hit him on his head. Accused Ankush gave the second blow with his kirpan, which hit Vicky Sharma on the wrist of his right hand. The third blow was given by Monu, which hit Vicky Sharma on his left arm. Vicky Sharma fell down. Thereafter, also those persons inflicted injuries on the person of Vicky Sharma. He raised noise “Maar Ditta Maar Ditta”. Thereafter, all the accused persons ran away from the spot alongwith their respective weapons. He immediately called the family members of Vicky Sharma and he was taken to the Guru Nanak Dev Ji Hospital, but as the injuries were grievous, so he was taken to the Amandeep Hospital. Motive behind the occurrence is that Gaurav Sharma was required by the police in some case and Vicky Sharma had informed the police about him.
I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. The head injury with kirpan has been attributed to the petitioner. As many as 12 injuries were found on the person of Vicky Sharma injured. Injuries No.1, 6 and 7 were declared grievous in nature as per Annexure P.2. In view of the fact that
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head injury has been attributed to the petitioner, I do not deem it a fit case to admit bail to him. As such, this petition is dismissed.
February 05, 2009 renu
( HARBANS LAL ) JUDGE
Whether to be referred to the Reporter? No
3 issues framed by the court
Whether the petitioner is fit for bail in cases involving grievous injury attributed to him.
Whether the petition for regular bail under Section 439 Cr.P.C. should be allowed.
Whether the head injury attributed to the petitioner makes the case unfit for bail.
1 provisions across 1 enactments
Gaurav Raina
State of Punjab
Harbans Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
