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High CourtsSingle Bench(2011) 01 P&H CK 0235

Randhir @ Dhira vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 25 January 2011

HON’BLE JUDGES
Augustine George Masih, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-37937 of 2010 (O and M)

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Judgment

6 paragraphs · 384 words

Augustine George Masih, J.—Prayer in the present petition is for grant of regular bail.

2.

Counsel for the Petitioner contends that the Petitioner is in custody since 02.07.2010. The role attributed to the Petitioner in the FIR is that he has caused injuries on the complainant by giving iron blow on the left and right shoulders and he and Satnam Singh have caused injuries on the complainant by giving iron blow on the left shoulder, right shoulder and on elbow and waist. He contends that as per the Medico Legal Report, the injuries although were referred for advise after X-ray, but have not been found to have caused any fracture. He contends that the main accused, namely, Sh. Buta Singh, who is alleged to have given a kirpan blow on the head of the complainant, has been released on bail by this Court vide order dated 16.11.2010 in Crl. Misc. No. M-30013 of 2010. The trial is not likely to conclude soon and the allegations made in the FIR are still to be investigated.

3.

On the other hand, counsel for the complainant vehemently contends that after the opinion of the doctor, injury No. 5, which is on the right shoulder, has been found to be grievous in nature and, therefore, the concession of bail should not be granted to the Petitioner. He, however, is unable to dispute the factual position with regard to the grant of bail by this Court.

4.

I have heard the counsel for the parties and have gone through the records of the case.

5.

The allegations against the Petitioner are that he along with Satnam Singh had given injuries on the left and right shoulders as also the elbow and the waist. No specific injury has been attributed to the Petitioner. Even if the said injuries are stated to have been caused by the Petitioner, the main accused, who has given a kirpan blow on the head of the complainant, stands released on bail by this Court vide order dated 16.11.2010. The Petitioner is in custody since 02.07.2010. The trial is not likely to conclude soon.

6.

Keeping in view the facts and circumstances of the case, the present petition is allowed. The Petitioner is directed to be released on bail to the satisfaction of the trial Court.