Gurpreet Singh vs State Of Punjab on 13 July, 2009

In the High Court for the States of Punjab and Haryana at Chandigarh.


              CRM M 17511 of 2009 (O&M)
              Decided on July 13,2009.



Gurpreet Singh                              -- Petitioner


                    vs.


State of Punjab                             --Respondent.

Present: Mr.T.S.Chauhan,Advocate,for the petitioner

Mr.Ranbir Singh Rawat, AAG,Punjab.

Rakesh Kumar Jain, J:

This petition is for anticipatory bail under Section 438 of the

Code of Criminal Procedure (for short, ‘Cr.P.C’) in a case, registered vide

FIR No.190 dated 21.5.2009, under Sections 307/341/34 IPC, at Police

Station, Kharar, District SAS Nagar, Mohali.

The allegations against the petitioner contained in the FIR are

that on 18.5.2009, he gave a knife blow on the stomach of Kuldeep Singh.

Injured Kuldeep Singh was initially taken to Sharma Hospital, Kharar, but

since his condition deteriorated, therefore, he was admitted to P.G.I,at

Chandigarh.

Before coming to this Court, the petitioner had applied for

anticipatory bail vide application No.494 dated 06.6.2009, before the

learned Addl.Sessions Judge, Mohali, which was dismissed on 19.6.2009.

Learned counsel for the petitioner has argued that as per slip

issued by Sharma Hospital (Annexure P-2), the petitioner had only
CRM M 17511 of 2009 (O&M) -2-

complained pain in the abdomen and the report of P.G.I has been

manipulated at the instance of Mangat Ram,father of Kuldeep Singh, who

is an employee of the P.G.I.

Notice of motion was issued to the Advocate General,Punjab,

but no interim bail was granted. Learned counsel for the State has

argued that medicolegal report of Kuldeep Singh shows that the injury has

been declared dangerous to life by the doctor of P.G.I and custodial

interrogation of the petitioner is required for the recovery of said knife.

After hearing learned counsel for the parties, I am of the view

that the alleged offence committed by the petitioner is quite serious and the

weapon of offence is yet to be recovered. Therefore, without commenting

upon on the merits of the case, I do not find it to be a fit case for grant of

anticipatory bail and the same is hereby dismissed.

The petition is disposed of accordingly.

July 13,2009                                       (Rakesh Kumar Jain)
RR                                                         Judge