The High Court dismissed an application under Section 438 Cr.P.C. filed by Manjit Singh for anticipatory bail in an assault case. The court held that given the grievous injuries caused to the complainant and the use of weapons, extraordinary relief was not warranted, without expressing an opinion on the merits.
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-9220 of 2012(O&M)
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-9220 of 2012(O&M) Date of Decision: April 3, 2012
Manjit Singh
.....Petitioner
v.
State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.K.S.Kahlon, Advocate for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
Crl.M.No.19299 of 2012
Application is allowed subject to all just exceptions.
Crl.M.No.M-9220 of 2012
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.10, dated 18.1.2012, under Sections 323, 326, 324, 148, 149 IPC, registered at Police Station Kahnuwan.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Gurdaspur, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.
Brief allegations against petitioner-accused are that he was armed with dattar. Co-accused was also armed with deadly weapons. All of them way-laid the complainant and caused him five injuries. Injury attributed to present petitioner is with dattar in the left fore-arm which was
Crl.M.No.M-9220 of 2012(O&M)
-2-
found to be grievous, as per opinion of a Board consisting three doctors.
Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioneraccused.
Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Manjit Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
(Ram Chand Gupta) Judge
3.4.2012 meenu
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in an assault case involving grievous injuries?
Whether the impugned order dismissing the anticipatory bail application ought to be set aside?
1 provisions across 1 enactments
Manjit Singh
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
