In a criminal miscellaneous petition for pre-arrest bail under Sections 323, 324, 34 and 307 IPC, the High Court examined the nature of injuries. Rejecting the petitioner's claim that his own injuries were life-threatening, the court found the injuring of the petitioner to be fatal to his own life. The court held no grounds existed for bail.
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Crl. Misc. No.M-37195 of 2010
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Crl. Misc. No.M-37195 of 2010 Date of decision: 03.02.2011
Hardev Singh
.. Petitioner
Versus
State of Punjab
.. Respondent
Present:- Mr.Naresh Kaushik, Advocate for the petitioner.
Mr.T.S. Salana, DAG, Punjab.
Mr.Premjit Kalia, Advocate, for the complainant-Veer Singh.
S.S. SARON, J.
Heard counsel for the parties.
The petitioner seeks pre-arrest bail in a case registered against him on 14.09.2010 for the offences under Sections 323, 324 and 34 IPC; besides, Section 307 IPC, which was added later, at Police Station A Division, Amritsar.
The FIR, in the case, has been registered on the complaint of Veer Singh. In the incident that occurred on 11.09.2010 at about 7 a.m., the petitioner attacked the complainant-Veer Singh with his datar . The complainant had raised his hand in defence and the datar blow hit on the left hand finger of the complainant; besides, the petitioner attacked the complainant with his datar which hit on the right side of the head of the complainant on account of which the complainant fell down. The injury on the right side of head of the complainant-Veer Singh has been described to be dangerous to life.
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Crl. Misc. No.M-37195 of 2010
Learned counsel for the petitioner has, however, submitted that in fact the petitioner himself suffered injuries which were dangerous to life and he remained admitted too in the hospital from 11.09.2010 to 15.09.2010. The injuries suffered by the petitioner Hardev Singh have been mentioned in the medico legal report dated 11.09.2010 as comminuted depressed fracture seen in right parital bone with overlying soft swelling, which was declared as dangerous to life in the CT scan attracting offence under Section 307 IPC. A reference has been made to report dated 15.10.2010 (Annexure P-3) in this regard.
Learned counsel appearing for the State and the complainant have submitted that the said injury was referred to the Medical Board and the Medical Board in terms of its opinion has come to the conclusion after going through all the documents that the injury was not dangerous to life.
The petitioner is attributed a specific injury on the head of the complainant-Veer Singh and which is being described as dangerous to life.
In the facts and circumstances, no ground for grant of concession of pre-arrest bail to the petitioner is made out.
Accordingly, the criminal miscellaneous petition stands
dismissed.
(S.S. SARON) February 03, 2011 JUDGE sukhpreet
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case involving offences under Sections 323, 324, 34 and 307 IPC.
Whether the injuries sustained by the complainant warrant pre-arrest bail for the accused.
Hardev Singh
State of Punjab
S.S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
