In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc.-M No.3683 of 2009
.....
Date of decision:17.3.2009
Charanjit Singh and another
.....Petitioners
v.
State of Punjab
.....Respondent
....
Present: Ms. Meenakshi Dogra, Advocate for the petitioners.
Mr. P.S. Sidhu, Additional Advocate General, Punjab
for the respondent-State.
.....
S.S. Saron, J.
Heard learned counsel for the parties.
The petitioners seek pre-arrest bail in a case registered against
them for the offences under Sections 323/325 IPC, 323/324 IPC and also for
the offence under Section 326 IPC, which, it is stated, was added later.
The FIR in the case has been registered on the statement of
Charanjit Singh (petitioner No.1). The petitioners have been accused in the
cross-version which is registered on the statement of Dalbir Singh. It has
been alleged by Dalbir Singh that on 26.11.2008 he along with Harpal
Singh, who is an Electrician, were going to Kartarpur on their Hero Honda
motorcycle for purchasing the spare parts for his car. At about 6.00 p.m.,
when they reached near Sharma Hospital, Charanjit Singh (petitioner No.1)
and Kinda (Kulwinder Singh, petitioner No.2) along with four-five
unidentified persons were standing on the road and they stopped them.
When Dalbir Singh and Harpal Singh stopped their motorcycle, Charanjit
Cr. Misc.-M No.3686/2009
[2]
Singh (petitioner No.1), who was armed with `Datar’ inflicted a `datar’ blow
on the right arm elbow of Dalbir Singh. Thereafter, Kinda (Kulwinder
Singh-petitioner No.2) gave a `datar’ blow on the left arm elbow. After that
an unidentified person gave a `danda’ blow on the head and another
unidentified person gave a beating to the complainant-Dalbir Singh in the
cross-version. Dalbir Singh suffered injuries on his stomach and right arm.
Thereafter, Charanjit Singh (petitioner No.1) gave a `datar’ blow to Harpal
Singh on his left arm elbow. The unidentified person also gave him (Harpal
Singh) a beating and he suffered many injuries. The reason for the grudge
was that on 25.11.2007 Charanjit Singh (petitioner No.1), Lakhwinder
Singh (non-petitioner) and Kinda (Kulwinder Singh-petitioner No.2) had
beaten Dalbir Singh and he had complained to the Panchayat regarding the
same. Kulwinder Singh and Gurdip Singh arranged for conveyance and
brought Dalbir Singh and Harpal Singh to the Civil Hospital, Jalandhar. On
the basis of the statement of Charanjit Singh (petitioner No.1) a case for the
offence under Sections 323/325 IPC was registered against Dalbir Singh
and Harpal Singh. The petitioner No.1 received grievous injuries on the left
elbow, which injury on the left elbow, it is stated, has been opined as
grievous by the doctor.
Learned counsel for the petitioners submits that in view of the
injuries suffered by the petitioner from Dalbir Singh, he (Dalbir Singh)
inflicted injuries on himself and got a case registered against the petitioners
for the offences under Sections 323/324 IPC. It is submitted that the
incident occurred on 26.11.2008 but the X-ray was not conducted by the
doctors of the Civil Hospital on the same day and it was conducted on
2.12.2008 which shows the falsity of the cross-case registered on the
Cr. Misc.-M No.3686/2009
[3]
statement of Dalbir Singh. It is submitted that the offence under Section
326 IPC has been added just to make the case non-bailable.
Learned counsel for the State has submitted that in terms of the
interim bail granted to the petitioners on 11.2.2009, the petitioners have
joined the investigation and their further custody is not required.
Keeping in view the facts and circumstances of the case and
also the fact whether the offence under Section 326 IPC is made out or not
made out against the petitioners, besides the delay in getting the X-ray
conducted on the person of Dalbir Singh and Harpal Singh as also the fact
that the custody of the petitioners is not required, it would be just and
expedient that they are granted the concession of anticipatory bail.
Accordingly, the criminal miscellaneous petition is allowed and
in the event of arrest of the petitioners, they shall be admitted to bail
subject to their furnishing personal bonds and surety each to the
satisfaction of the Arresting/Investigating Officer. However, the petitioners
shall join the investigation as and when called and shall abide by the
conditions of Section 438 (2) Cr.P.C.
March 17, 2009. (S.S. Saron)
Judge
*hsp*
