In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-320 of 2009 Date of decision: 5.3.2009 Prahlad Tiwari ......Petitioner Versus State of U.T.Chandigarh .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.D.Bansal, Advocate, for the petitioner. Mr.Preetpal Singh, Standing counsel for U.T.Chandigarh. **** SABINA, J. This petition has been filed by Prahlad Tiwari under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 547 dated 23.10.2008, under Sections 147, 148, 149, 341, 307 of the Indian Penal Code, registered at Police Station Sector 34, Chandigarh. As per prosecution case, the petitioner gave a blow with sharp edged weapon on the left side of chest of injured-Kamal. Learned counsel for the petitioner has submitted that as per medico legal opinion given at the time of discharge of the injured on 29.10.2008, the injury was opined to be grievous. However, later on vide opinion dated 4.12.2008, the injury was opined to be Criminal Misc. No.M-320 of 2009 -2- dangerous to life. The petitioner is in custody for the last about four months. Learned Standing counsel for U.T., on the other hand, has opposed the petition. Occurrence in the present case had taken place on 23.10.2008 at about 9 p.m. Injured was got admitted in Government Medical College and Hospital, Sector 32, Chandigarh on 24.10.2008 and was discharged on 29.10.2008. As per the medico legal report's summary, the single injury on the person of the injured was opined to be grievous. However, as per the medico legal report dated 4.12.2008, the injury has been opined to be dangerous to life. In these circumstances, the fact that whether the injury on the person of injured-Kamal was, in fact, dangerous to life or not would more appropriately be gone into and considered during trial Accordingly, without expressing any opinion on the merits of the case and keeping in view the fact that the petitioner is in custody for the last more than four months, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Chandigarh. (SABINA) JUDGE March 05, 2009 anita