Criminal Misc. No. M-15632 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-15632 of 2011
Date of decision : 03.06.2011
Jagtar Singh @ Kaka
....Petitioner
V/s
State of Punjab
....Respondent
BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. M.S. Kang, Advocate for the petitioner.
Mr. Shilesh Gupta, Deputy Advocate General, Punjab.
Mohd. Yousaf, Advocate for the complainant.
RAJAN GUPTA J. (ORAL)
This is a petition filed under Section 439 of the Code of
Criminal Procedure seeking regular bail in a case registered against the
petitioner vide FIR No. 110 dated 21.04.2011 under Sections 307, 325 &
323 IPC at Police Station Payal, District Ludhiana.
Learned counsel for the petitioner submits that petitioner
himself received injuries in the alleged occurrence. According to him, the
injured got treatment from a private hospital thus there is no reliable
evidence to show that any grievous injury was caused by the petitioner. He
is thus entitled to concession of pre-arrest bail.
Learned State counsel has, however, vehemently opposed the
prayer. He submits that petitioner caused serious injury on the head of
Sadhu Singh leading to fractures of skull bone in parietal region. She
submits that injured had to undergo a surgery due to injuries received. She,
Criminal Misc. No. M-15632 of 2011 2
on instructions from ASI Gurcharan Singh, who is present in court, submits
that injury caused by the petitioner was declared dangerous to life.
Heard.
FIR was lodged by Kuldip Singh who stated that on 20.04.2011
when he was present in his fields along with his father, they were assaulted
by the accused. He caused injuries to them with a ‘kahi’. The petitioner hit
Sadhu Singh on the head with the said weapon which led to a serious injury.
In view of injury caused, Sadhu Singh had to be operated upon in a private
hospital. The injury caused on the person of Sadhu Singh in the parietal
region was declared dangerous to life.
In view of nature of allegations, I am of the considered view
that petitioner is not entitled to concession of bail despite the cross version
lodged by him.
The petition is without any merit and is hereby dismissed.
June 03, 2011 (RAJAN GUPTA) Ajay JUDGE