Crl. Misc. No. M- 30183 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 30183 of 2010 (O&M) Date of decision: November 11, 2010 Amandeep Singh ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. RP Dhir, Advocate, for the petitioner. GURDEV SINGH, J. Petitioner/accused-Amandeep Singh, has filed this petition under Section 439 of the Criminal Procedure Code for grant of regular bail in FIR No. 47 dated 8.3.2010 registered at Police Station Sadar Hoshiarpur, under Sections 308/341/323/34 IPC. He has contended therein that there is inordinate delay of 5 days in the registration of the FIR. The occurrence was the result of sudden reaction without any pre-planning and the injuries on the person of the complainant have been exaggerated. It was after the CT Scan that offence under Section 308 IPC was added. It is very much clear from the CT Scan report that it was the left parietal region which was affected, whereas he has been attributed injury on the right side of his head. He had surrendered before the court voluntarily and is coming in custody since 19.4.2010. I have heard learned counsel for the petitioner. It has been submitted by the learned counsel for the petitioner Crl. Misc. No. M- 30183 of 2010 2 that the petitioner is coming in the custody since long and the conclusion of the trial will take long time. As per the allegations made in the FIR, the injuries were caused in the sudden fight and there was no pre-design on the part of the petitioner to cause any such injury. It cannot be said that the injury which was declared to be dangerous to life has been attributed to the present petitioner. Keeping in view all these facts, he is entitled to the benefit of bail. It was on the statement of Jaswinder Singh-complainant/injured that the present FIR was registered. He narrated therein that on 3.3.2010 at about 11 AM he was present on the turning of the link road leading from village Attalgarh towards Mehmowal near his fields, when a three wheeler came from the side of Hoshiarpur. That three wheeler was followed by a motor cycle make Enfield, on which four persons; namely, Amandeep @ Amni, Jagtar Singh @ Lala, Gurpreet Singh @ Barhia and Rajiv Kumar @ Jiwa were riding. After stopping that motor-cycle, all those four persons started quarreling with the driver of the three wheeler. He tried to pacify them, upon which all of them started abusing him and hurling bricks towards him. In order to save himself, he went near the haveli of Lashkar Singh on the main road. Thereafter, Amandeep @ Amni gave a blow with brick which stuck on the right side of his head. The second blow with the brick was caused on the left side of his head by Rajiv Kumar @ Jiwa. He raised alarm upon which all the accused escaped from the spot on their motor-cycle. He was removed to the Civil Hospital, Hoshiarpur, from where he was referred to CMC Hospital, Ludhiana, on account of serious nature his injuries. The medico legal examination of this Crl. Misc. No. M- 30183 of 2010 3 complainant/injured shows two injuries on his person, which were kept under observations. After the CT Scan, the injury on his head was declared as dangerous to life. It was only after the receipt of the opinion of the doctor that offence under Section 308 IPC was added. It cannot be concluded from the medico legal report and the other record that the injury which was found to be dangerous to life has not been attributed to the present petitioner. It cannot be said that the injuries were caused to the injured/complainant in the sudden fight. After making efforts to pacify the accused, he had left the spot and had gone on the main road and it was thereafter that the injuries were caused to him by the accused. The intention of the accused is apparent from the seat of the injuries. Keeping in view the serious nature of the injuries, seat thereof, the intention on the part of the accused and the punishment which can be imposed for the offence under Section 308 IPC, I do not find any ground to release the petitioner on bail and his bail application is hereby dismissed. November 11,2010 (GURDEV SINGH ) prem JUDGE