The High Court dismissed the petition for anticipatory bail under Section 438 Cr.P.C. The allegations involved an armed attack causing grievous injuries with a delay in FIR registration based on a medico-legal report. The Court found the petition devoid of merit.
Petition for anticipatory bail dismissed as devoid of merit.
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-15417 of 2013(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-15417 of 2013(O&M) Date of Decision: May 10, 2013
Malkiat Singh
.....Petitioner
v.
State of Punjab
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.B.D.Sharma, Advocate for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.23, dated 19.2.2012, under Sections 326, 324, 427, 34 IPC, registered at Police Station Ghumankalan, Tehsil and District Gurdaspur.
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 are that petitioners alongwith co-accused while armed with deadly weapons attacked the complainant and caused him two injuries on left leg below the left knee, which were found to be grievous. Petitioner is the main accused. He was armed with Dattar .
It has been contended by learned counsel for the petitioneraccused that there is delay in lodging of the FIR. However, Annexure P1 shows that complaint was given on 10.2.2012 and FIR was registered after receiving the report of the doctor regarding fracture.
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
Crl.M.No.M-15417 of 2013(O&M)
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present petition filed by petitioner-Malkiat Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
10.5.2013 (Ram Chand Gupta) meenu Judge
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving armed attack causing grievous injuries.
Whether delay in lodging the FIR justifies granting extraordinary relief of anticipatory bail.
Whether the present petition for anticipatory bail is devoid of merit.
2 provisions across 2 enactments
Malkiat Singh
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
