High Court Punjab-Haryana High Court

Gaurav Sharma vs State Of Haryana on 27 March, 2009

Punjab-Haryana High Court
Gaurav Sharma vs State Of Haryana on 27 March, 2009
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No. M-2550 of 2009, which was dismissed as withdrawn.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”