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Judgment
Parmod Goyal, J
On 31.12.2025, while issuing notice of motion, this Court had noticed the contention raised on behalf of petitioner that the injury attributed to the petitioner is an old injury and injured was admitted in hospital on next day of incident and not immediately after the incident.
Detailed status report has been filed by way of affidavit of Deputy Superintendent of Police, Sub-Division Fatehgarh Churian, Police District Batala, District Gurdaspur. In affidavit, it is specifically mentioned that opinion of doctor regarding old/fresh injury was again taken by police and vide report dated 03.01.2026, Medical Officer, Civil Hospital, Patiala has given following opinion:-
“I, Dr. Sahil Kandiara, Medical Officer, Civil Hospital, Batala conducted the MLR of above said person vide MLR No.375/SK/CH/BTL/2025 dated 30.10.2025 vide OPD No.7293 Time 09:50 AM. Patient was examined on 30.10.2025 at 09.55 AM i.e. on same day.
In total 6 (six) injuries were noted on that day, out of total six (6) injuries, Injury No.2, 3 and 6 was declared Simple in nature as already mentioned in MLR and Injury No.1,4 and 5 was kept under X Ray already mentioned in the MLR. Also, probable Duration of Injuries was within 12 Hours to 15 hours from the time of examination of injuries.”
It is, therefore, clearly made out that injuries suffered by injured are not old injuries but are fresh injuries. It is worth noticing that occurrence had taken place on 29.10.2025 at about 08:000 p.m. and MLR was conducted on 30.10.2025 at 09:55 a.m. Doctor, in MLR as well as in his opinion dated 03.01.2026, has opined injuries to be within 12 to 15 hours.
It is also worth noticing that incised wounds have been noted as injuries No.1 and 5. Both are attributed to present petitioner. Injury no.5 is stated to be grievous.
In these circumstances, custodial interrogation of petitioner cannot be held to be unjustified. Recovery of weapon is yet to be effected. Grant of bail to three co-accused who have been attributed with simple injuries, therefore, cannot lend any help to the case of present petitioner. No case for anticipatory bail is made out. Hence, present petition is dismissed.