The High Court of Punjab and Haryana granted regular bail to the petitioner in a case registered under Sections 307 and 323 IPC following an affray involving knife wounds to the complainant's chest and waist.
Petitioner admitted to regular bail on furnishing personal bond or surety to the satisfaction of the learned Chief Judicial Magistrate.
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Crl.Misc. No.M-16950 of 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc. No.M-16950 of 2010
Date of Decision: 12.10.2010
Subeg Singh
.... Petitioner
Versus
State of Haryana
.... Respondent
Present: Ms.Divya Godara, Advocate
for the petitioner
Mr. K.C.Gupta, Sr. DAG, Haryana
S.S.SARON, J (ORAL)
Heard learned Counsel for the parties.
The petitioner seeks regular bail in a case registered against him on 07.11.2009 under Sections 307,323,324,506 and 34 IPC.
The FIR in the case has been registered on the statement of Ranbir Singh son of Hari Ram. In the incident that occurred on 6.11.2009 at about 8:30 am, Ranbir Singh (Complainant) was present in his fields. His cousin Krishan was also present in his fields. Then, Paramjit son of Shamsher Singh, Subeg son of Paramjit (petitioner), Hardeep son of Paramjit, were quarreling with Krishan son of the petitioner's fathers brother (Taya). The complainant Ranbir Singh rushed there after hearing Krishan shouting “bachao-bachao” and he saw that Paramjit and Subeg (petitioner) were having knives in their hands and Hardeep Singh was
Crl.Misc. No.M-16950 of 2010
having lathi in his hand. All three of them were quarreling with Krishan. Complainant Ranbir Singh saw that Paramjit gave a knife blow with his right hand on the left arm of Krishan and second knife blow on the left side of waist as a result of which Krishan fell on the ground. Hardeep gave lathi blows on the hip bone and waist. Paramjit and Subeg (petitioner) gave blows with their fists to Krishan besides they kicked him. When the complainant tried to rescue Krishan all the three assailants hurled abuses on him and Subeg Singh (petitioner) gave a blow on his chest with the knife he was holding in his right hand and gave another knife blow on the right side of waist above the hip bone. They laid him down on the ground and kicked him, besides, gave fist blows.
The petitioner in the incident is attributed a knife blow on the chest of Ranbir Singh and another knife blow on the right side of his waist above the hip bone.
Learned Counsel for the petitioner has referred to the deposition of Dr. Subhashni Gupta, Medical officer, General Hospital, Sirsa (PW3) who in her cross examination has stated that she had treated Ranbir Singh as an indoor patient with injuries on his chest. X- ray of the chest revealed CP Angle obliterated with horizontal level of right lung. So, in the right inter costal chest tube was inserted on the same day and 500 CC of blood was drained out. It is stated by her that had timely medical aid not been provided to the injured, then he could have collapsed. In the cross examination she stated that there was no fracture on the person of patient as per the X-ray report.
In his statement made by Dr. Sunil Kumar (PW4) Medical Officer, General Hospital, Sirsa recorded before the learned trial Court, he
Crl.Misc. No.M-16950 of 2010
had stated that one injury of Ranbir is on the front and another on the rear right side of chest. However, it is stated that it was correct that he has not mentioned any thing about the clothes of the injured and he also did not remember the same that day (i.e. the day of deposition in Court). He had not mentioned any cut in the clothes of the injured. He had given only the first aid and he had not treated the patient.
The said statements are to be considered by the learned trial court after evidence has been led. Petitioner is in custody from 16-12-2009. The trial in the case is likely to take time. The injured Ranbir has since been discharged from the hospital and it is not the case of the prosecution that he has any permanent disability. The trial in the case is likely to take time as out of 14 witnesses only 4 have been examined till date.
In the facts and circumstances, the petitioner on his furnishing personal bond any surety to the satisfaction of learned Chief Judicial Magistrate Sirsa shall be admitted to bail.
Criminal Miscellaneous stands disposed of.
(S.S.Saron) JUDGE
12.10.2010 gyan
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving affray and attempted injury under Section 307 IPC.
Whether the likelihood of the trial taking time and the nature of injuries warrant granting bail on personal bond.
1 provisions across 1 enactments
Subeg Singh
State of Haryana
S.S. Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
