Criminal Misc. No. M-6711 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-6711 of 2009
Date of Decision: 27.3.2009
Gaurav Sharma
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Kunal Dawar, Advocate
for the petitioner.
Mr. S.S. Mor, Senior Deputy Advocate
General, Haryana, for the State.
Mr. M.S. Dhillon, Advocate
for the complainant.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present petition has been filed under Section 438 Cr.P.C.
seeking pre-arrest bail to the petitioner in case FIR No. 198 dated
15.12.2008 registered at Police Station DLF Phase-I, Gurgaon,
Haryana, under Sections 323, 325, 147, 148, & 506 IPC in which
offence under Section 307 IPC was added later.
Earlier a similar prayer was made by preferring Criminal Misc.
No. M-2550 of 2009, which was dismissed as withdrawn.
Counsel for the petitioner has filed another petition with a
prayer that same be dismissed on merits as the petitioner intends to
assail the order passed by this Court.
Criminal Misc. No. M-6711 of 2009 2
Therefore, on 10.3.2009, this Court had issued notice of
motion for today so that record can be received for passing a detailed
order of dismissal.
In the present case, FIR was lodged by Mehtabjit Singh Mundi
wherein he has stated that on 13.12.2008 he along with his friends had
gone to a food stall named “Zaika Hotel”. The grievance made by the
complainant was that a protest was lodged because Waiter was not
attending them for providing food due to which a fight had ensued. It is
stated that petitioner had given the injuries with fist blows and kicks.
Mehtabjit Singh Mundi had suffered injuries on his head, face, right eye
and other parts of the body.
Mr. S.S. Mor, learned Senior Deputy Advocate General,
Haryana, on instructions from Niranjan Singh, Head Constable, has
submitted that on 26.12.2008 a supplementary statement of
complainant was recorded wherein he has stated that one of the injury
was given by the petitioner with iron rod on complainant’s head and this
injury was declared as dangerous to life. It is further submitted by
counsel for the State that this injury has caused fracture of lateral wall of
right orbit.
Taking into consideration the injuries suffered by the
injured/complainant, no ground is made out to grant pre-arrest bail to the
petitioner.
Dismissed.
(Kanwaljit Singh Ahluwalia)
Judge
March 27, 2009
“DK”