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Judgment
Ajai Lamba, J.—This petition u/s 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 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 25.05.2008 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.