High Court Punjab-Haryana High Court

Dinesh @ Chucha vs The State Of Haryana on 3 October, 2008

Punjab-Haryana High Court
Dinesh @ Chucha vs The State Of Haryana on 3 October, 2008
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                              CHANDIGARH.



                                            Criminal Misc.23493-M of 2008

                                DATE OF DECISION : OCTOBER 3, 2008



DINESH @ CHUCHA                                        ....... PETITIONER(S)

                                  VERSUS

THE STATE OF HARYANA                                   .... RESPONDENT(S)



CORAM : HON'BLE MR. JUSTICE AJAI LAMBA



PRESENT: Mr. Vikas Kumar, Advocate, for the petitioner(s).
         Mr. Narender Sura, AAG, Haryana.


AJAI LAMBA, J. (Oral)

This petition under Section 439, Code of Criminal Procedure,

seeks bail in FIR No.101 dated 21.5.2008 under Sections 307, 325, 452,

506, 323, 34, Indian Penal Code, Police Station, NIT, Faridabad.

Learned counsel for the petitioner has submitted that the

petitioner received an injury on his head, which resulted in fracture of skull.

The petitioner has been in custody since 25.5.2008. No useful purpose

would be served by further incarceration of the petitioner as the

investigation has already been concluded.

Learned counsel for the respondent-State has brought out that

the medical report as placed before this Court as Annexure P-1 indicating

fracture of skull of the petitioner was never placed before the Investigating

Officer so as to enable the Investigating Agency to consider initiating a
Criminal Misc.23493-M of 2008 2

cross case against the complainant side (in the FIR).

The custody period of the petitioner has been admitted. It

has, however, been submitted that the petitioner has been attributed an

injury on account of which Section 307, Indian Penal Code, has been

invoked.

Learned counsel for the respondent-State, however, accepts

the fact that the injured has been discharged from the hospital.

Having regard to the facts and circumstances of the case viz.

the petitioner received an injury as is borne out from Annexure P-1; the

petitioner is in custody since 25.5.2008 and the injured has been

discharged from the hospital with no permanent physical disability, this

petition is allowed.

Bail to the satisfaction of CJM, Faridabad.

October 3, 2008                                            ( AJAI LAMBA )
Kang                                                               JUDGE