IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.23493-M of 2008
DATE OF DECISION : OCTOBER 3, 2008
DINESH @ CHUCHA ....... PETITIONER(S)
VERSUS
THE STATE OF HARYANA .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Vikas Kumar, Advocate, for the petitioner(s).
Mr. Narender Sura, AAG, Haryana.
AJAI LAMBA, J. (Oral)
This petition under Section 439, Code of Criminal Procedure,
seeks bail in FIR No.101 dated 21.5.2008 under Sections 307, 325, 452,
506, 323, 34, Indian Penal Code, Police Station, NIT, Faridabad.
Learned counsel for the petitioner has submitted that the
petitioner received an injury on his head, which resulted in fracture of skull.
The petitioner has been in custody since 25.5.2008. No useful purpose
would be served by further incarceration of the petitioner as the
investigation has already been concluded.
Learned counsel for the respondent-State has brought out that
the medical report as placed before this Court as Annexure P-1 indicating
fracture of skull of the petitioner was never placed before the Investigating
Officer so as to enable the Investigating Agency to consider initiating a
Criminal Misc.23493-M of 2008 2
cross case against the complainant side (in the FIR).
The custody period of the petitioner has been admitted. It
has, however, been submitted that the petitioner has been attributed an
injury on account of which Section 307, Indian Penal Code, has been
invoked.
Learned counsel for the respondent-State, however, accepts
the fact that the injured has been discharged from the hospital.
Having regard to the facts and circumstances of the case viz.
the petitioner received an injury as is borne out from Annexure P-1; the
petitioner is in custody since 25.5.2008 and the injured has been
discharged from the hospital with no permanent physical disability, this
petition is allowed.
Bail to the satisfaction of CJM, Faridabad.
October 3, 2008 ( AJAI LAMBA ) Kang JUDGE