The High Court dismissed the petition for pre-arrest bail under Section 438 Cr.P.C. It held that the axe injury causing a life-dangerous fracture warranted refusal of bail despite the familial dispute over land.
Petition for pre-arrest bail dismissed due to serious injury caused with an axe.
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Cr.Misc. M 1363 of 2013
1
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc. M 1363 of 2013 Date of decision:- 12.3.2013
Pawan
Petitioner
vs.
State of Haryana
Respondent
Present: Mr. Surender Deswal, Advocate Ms. Shalini Attri,DAG, Hry Mr.Vikrant Hooda, Advocate
M.M.S.BEDI,J.
The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Narender alleging that on 25.11.2012 his brother Ravender had threatened him for buying land of Yogender and given beating to him. In the evening, at about 8 PM when complainant's son returned, he told Ravender that he had committed mistake by beating his brother. On this, Ravender came out with an axe in his hand along with Ankit and the petitioner and dragged Amit inside their house.
So far as the petitioner is concerned, he had caught hold of Amit along with Sudesh while Ankit gave an axe blow on the back side of the head of the son of the complainant. When an attempt was made by the complainant and his wife to intervene, Ravender gave an axe blow on the left hand of Bimla, wife of complainant.
The main contention of counsel for the petitioner is that originally the FIR was registered u/s 323/324//342/506/34 IPC and the petitioner had been granted the concession of bail , offence being bailable. It has been submitted that on addition of offence u/s 307 IPC on the basis
Cr.Misc. M 1363 of 2013
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of the injuries suffered by Amit, the petitioner has got a reasonable apprehension of arrest.
I have heard learned counsel for the petitioner and gone through the police file. No doubt the petitioner had been released on bail in the present case before the surgical opinion was obtained. The surgical opinion, as per the police file, indicates that Amit was admitted in the hospital with a lacerated wound on a parietal region. On CT scan, the injury was found to be compound depressed fracture. The patient was operated upon on 26.11.2012 in emergency. The injury was declared dangerous to life. Detailed reasons have been given by the Assistant Professor of PGIMS, Rohtak for declaring the injury dangerous to life. It is apparent that 18 stitches are affixed on the head injury.
Counsel for the petitioner has submitted that the mother of the petitioner has been granted the concession of pre-arrest bail as she had been attributed a similar role as that of the petitioner.
After going through the police file and considering the manner in which injured Amit was caught hold of and dragged and inflicted injuries with an axe by Ankit, resulting in injury dangerous to life, no extra ordinary exceptional circumstances exist for grant of pre-arrest bail to the petitioner. No doubt the dispute is between real brothers but on account of the nature of the injury having been attributed on the person of Amit on account of property dispute, it will not be appropriate to exercise powers u/s 438 Cr.P.C. in favour of the petitioner. The petitioner cannot claim parity with a lady, who has been attributed similar part and has been granted the concession of pre-arrest bail.
Dismissed.
March 12 ,2013 TSM
( M.M.S.BEDI ) JUDGE
Cr.Misc. M 1363 of 2013 3
2 issues framed by the court
Whether exceptional circumstances exist to grant pre-arrest bail when an axe injury causing life-dangerous fracture was inflicted on the victim during a property dispute.
Whether the petitioner is entitled to parity with the petitioner's mother who was granted pre-arrest bail.
1 provisions across 1 enactments
Pawan
State of Haryana
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
