IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-30658 of 2010 Date of decision: 21.2.2011 Shivansh Sharma @ Shibbu …. Petitioner Versus State of Punjab …. Respondent Present: Mr. Pawan Kumar, Senior Advocate with Mr. Ashok Bhardwaj, Advocate for the petitioner. Mr. T.S. Salana, DAG, Punjab. Mr. K.S. Nalwa, Advocate for the complainant. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 9.6.2010 for the offences under Sections 342, 325, 323, 379, 148 and 149 IPC; besides, Section 307 IPC added later on. In the incident that occurred on 9.6.2010, the petitioner is attributed two blows with an iron rod on the right side of the head of the complainant-Gursimran Singh. The co-accused of the petitioner namely Atul is attributed 2- 3 blows on the left arm of the complainant-Gursimran Singh with a baseball bat. Harmandeep Singh alias Mandeep Singh is also attributed blows on both legs of the complainant with ‘Daat’. Gurpinder Singh alias Manni is CRM No. M-30658 of 2010 [2] attributed blows with a hockey stick on the face of the complainant and as a result of the same his nasal bone was broken and the complainant also suffered injuries on his face. According to the learned Senior counsel appearing for the petitioner, the injury attributed to the petitioner are two iron rod blows on the right side of the head of the complainant-Gursimran Singh. However, there are no injuries on the head of the complainant-Gursimran Singh according to his medico-legal report (“MLR report” – for short). Besides, it is submitted that the petitioner has been granted interim bail by this Court on 11.11.2010. In response, learned State counsel and the counsel for the complainant have submitted that there are several injuries on the face of the complainant and the CT Scan of the face of the complainant has been done in which several injuries have been noticed. It is submitted that the iron rod blows attributed to the petitioner on the head of the complainant in fact are on the upper part of the face of the complainant on which there are several injuries which cannot be said to have been caused by Gurpinder Singh alias Manni alone. I have given my thoughtful consideration to the contentions of the learned counsel appearing for the parties. It may be noticed that the application for grant of pre-arrest bail of co-accused of the petitioner namely Gurpinder Singh alias Manni who is attributed hockey stick blows on the face of the complainant-Gursimran Singh has been declined by CRM No. M-30658 of 2010 [3] this Court on 29.11.2010. The petitioner is attributed two blows on the right side of the head of the complainant- Gursimran Singh. It may be noticed that though in the MLR of the complainant there are no injuries on the head of the complainant but the CT Scan report of the face of the complainant-Gursimran Singh shows that he has suffered several injuries. The CT Scan report is as follows:- “CT FACE has been done on dual source MDCT scanner (Somatom Definition). Images submitted for interpretation in multiplanar views. There are fractures of the bilateral maxillary sinus walls with internal hazy opacifications. One of the fracture line is seen to pass through bilateral lower maxillary sinuses. Bilateral nasal bone fractures with fracture of the bony segment of nasal septum & soft tissue swelling is seen. The frontal, ethmoidal & Sphenoidal sinuses are unremarkable. No maxillary (tooth bearing) alveolar fracture is seen. CRM No. M-30658 of 2010 [4] Both the globes, optic nerves and extra-ocular muscles are unremarkable. Orbital walls are unremarkable. The zygomatic arch and the sphenoid bones are normal. The bony pterygoid plates are normal. Bilateral TM joints and the mandible are unremarkable. Visualized brain parenchyma is normal. IMPRESSIOM : FACIAL FRACTURES (as described) Recommended clinical correlation. DR. RAJARSHI BAHADUR MD (Radio-diagnosis & imaging) Consultant Radiologist” The injured Gursimran Singh was admitted in the Mukat Hospital and Heart Institute. He was admitted on 9.6.2010 and discharged on 18.6.2010. In the discharge summary of Gursimran Singh it is mentioned against the column; “Course of Hospital” that the patient underwent facial bone fracture repair (maxillary sinus wall repair) and repair of nasal bone fracture. His stay in hospital was CRM No. M-30658 of 2010 [5] without any significant event. He was discharged by recommending certain medicines. A perusal of the CT Scan report and discharge summary show that several injuries have been caused on the face of the complainant- Gursimran Singh. The role attributed to the petitioner is of giving iron rod blows on the head but it could mean face as well as upper part of the face is at times mentioned as head. Fractures have been noticed of the nasal bones, which could have been mentioned as the head being quite near to it. Besides, the fractures are multiple in nature, which cannot be said to have been caused by Gurpinder Singh alias Manni alone. The other two accused Atul and Harmandeep Singh are attributed blows with baseball bat on the left arm and with Daat on both legs respectively which are not near about the face. Keeping in view the multiple injuries on the face of the injured and the role attributed to the petitioner, no ground for grant of concession of pre-arrest bail is made out to the petitioner. Accordingly, the Crl. Misc. petition is dismissed. (S.S. SARON) February 21, 2011 JUDGE amit