IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Miscellaneous No. M-31740 of 2008
Date of Decision: December 03, 2008
Lakhmir Singh
.....PETITIONER(S)
VERSUS
State of Haryana
.....RESPONDENT(S)
. . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. R.N. Kush, Advocate, with
Mr. Y.S. Turka, Advocate, for the
petitioner.
. . .
AJAI LAMBA, J (Oral)
This petition has been filed under
Section 438 Cr.P.C. for grant of anticipatory bail in
case FIR No.164 dated 1.11.2008 lodged for offences
under Section(s) 307, 34 IPC with Police Station,
Sadar, Ambala.
Learned counsel contends that a
drunkard came on a religious function and fell in the
fire. The petitioner could not have been implicated
for the same. The other argument is that there is a
delay in lodging of the FIR in so much as incident
took place on 23.10.2008 while FIR has been lodged on
1.11.2008.
Learned counsel further contends that
no recovery is to be effected from the petitioner and
Crl. Misc. No. M-31740 of 2008 [2]
simple injuries have been received by injured, Amar
Singh.
I have considered the contentions of
the learned counsel.
Perusal of FIR indicates that on
23.10.2008, when the complainant went to Guga Mari to
pay obeisance at about 9.00 PM, the petitioner came
swinging from one side to other and caught hold of
both the arms of the complainant. The complainant was
pulled and pushed into the fire. Right portion of the
body and arm got burnt.
So far as delay is concerned, prima
facie the same stands explained.
I have considered the contention of
learned counsel in the context of allegations made.
The manner in which the incident is
alleged to have been taken place, does not entitle
the petitioner to any relief under Section 438
Cr.P.C. dehors the fact that no recovery is to be
effected.
The petition is dismissed.
(AJAI LAMBA)
December 03, 2008 JUDGE
avin