CRM No. M-17829 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-17829 of 2009 (O&M)
Date of decision: 9.7.2009
Dharam Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Anmol Rattan Sidhu, Senior Advocate,
with Mr. V.D. Goyal, Advocate, for the petitioner.
Rajan Gupta, J.
The petitioner is seeking anticipatory bail in a case
registered against him under Sections 323, 325, 307 read with Section
34 IPC at Police Station Sidhwan Bet, Ludhiana, vide FIR No.167 dated
12th November, 2008.
The allegations against the petitioner is that he gave a stick
(dang) blow to the complainant on the head resulting in an injury which
was declared dangerous to life. The petitioner had to be referred to Post
Graduate Institute of Medical Education and Research, Chandigarh for
treatment of the said injury.
Learned counsel for the petitioner has argued that
co-accused have been granted anticipatory bail by this court. Thus, the
petitioner also deserves the same concession.
I have heard learned counsel for the petitioner and given
careful thought to the facts of the case.
CRM No. M-17829 of 2009 2
I do not find any force in the argument that the petitioner
deserves the concession of anticipatory bail on parity with the
co-accused. The main injury leading to offence under Section 307 IPC
is attributed to the petitioner. The allegation against him is that he gave
dang blow on the head of the complainant, who is a lady, with such
force that she became unconscious. This injury was later declared
dangerous to life.
Under the circumstances, I am of the considered view that
the petitioner is not entitled to the concession of pre-arrest bail. The
petition is hereby dismissed.
(RAJAN GUPTA)
JUDGE
July 09, 2009
‘rajpal’