CRM.M 30318 of 2009 1
In the High Court for the States of Punjab and Haryana at Chandigarh.
CRM.M 30318 of 2009
Decided on 27.11.2009
Ashish Kapoor -- Petitioner
vs.
State of Punjab --Respondent
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.A.S.Kalra,Advocate,for the petitioner
Mrs.Rajni Gupta,Addl.A.G.Punjab,for the respondent.
Rakesh Kumar Jain, J:(Oral)
This is a petition under Section 438 of the Code of
Criminal Procedure, 1973 (for short,’Cr.P.C.’), for anticipatory bail in
case FIR No.67 dated 26.08.2009 registered under Sections
326,324,323,34 IPC, at Police Station Division No.1 Pathankot,
District Gurdaspur.
Learned counsel for the petitioner submits that the
allegation against the petitioner is of causing grievous injury to the
complainant which resulted into fracture. Learned counsel further
submits that the petitioner has also suffered injuries in the occurrence
dated 26.8.2009. The alleged injury attributed to the petitioner is on
palm of the complainant.
On the other hand, learned State counsel submits that the
allegations against the petitioner are categoric of causing an injury with
CRM.M 30318 of 2009 2
a datar (sharp edged weapon) on the head of the complainant who
suffered the fracture of his palm as per report dated 26.8.2009 in the
process of saving his head. This injury constitutes an offences under
Section 326 IPC.
After hearing the learned counsel for the parties and
keeping in view the facts and circumstances of the case in which the
petitioner has been attributed grievous injury which resulted into
fracture, I do not find it to be a fit case for grant of anticipatory bail.
Hence, the bail petition is hereby dismissed.
Nothing observed herein shall, however, be taken as an
expression of opinion on the merits of the case.
Nov 27,2009 (Rakesh Kumar Jain) RR Judge