Criminal Misc. No.M-29422 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.M-29422 of 2008 Date of Decision:05.02.2009 Gaurav Raina .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. P.S. Hundal, Advocate for the petitioner. Mr. T.S. Salana, Deputy Advocate General, Punjab. Mr. Veneet Sharma, Advocate for the complainant. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Gaurav Raina alias Tinku under Section 439 of Cr.P.C seeking his regular bail in case FIR No.329 dated 16.8.2007 registered under Sections 307, 352, 326, 324, 323, 148 and 149 IPC at Police Station Sadar, Amritsar. The brief facts of the prosecution version are that Dinesh Kumar son of Ashok Kumar made the statement before the police that he works in the Spice Mobile Company. His friend Vicky Sharma is working as a deed writer and he has built a haveli near Baba Sri Chand Colony, Majitha Road, Amritsar where he is keeping the buffaloes and has also employed a servant to look after the buffaloes. Vicky Sharma takes the milk from there in his house everyday. On 16-08-2007 he alongwith Vicky Criminal Misc. No.M-29422 of 2008 -2- Sharma were going on a motorcycle to the haveli of Vicky Sharma to bring the milk. At about 7.30 A.M when they reached at the haveli, then Gaurav @ Tinku son of Jawahar Lal armed with Kirpan and Ankush Sharma son of Raj Kumar armed with Kirpan, Monu son of Gurwant Singh alognwith 2/3 un-identified persons who were also armed with kirpans and dattars came on the scooter and motorcycles and on seeing the outer gate being opened entered in the haveli. Out of them Gaurav Sharma raised lalkara to catch hold of Vicky Sharma and not to leave him alive. Accused Gaurav gave a kirpan blow on the person of Vicky Sharma which hit him on his head. Accused Ankush gave the second blow with his kirpan, which hit Vicky Sharma on the wrist of his right hand. The third blow was given by Monu, which hit Vicky Sharma on his left arm. Vicky Sharma fell down. Thereafter, also those persons inflicted injuries on the person of Vicky Sharma. He raised noise “Maar Ditta Maar Ditta”. Thereafter, all the accused persons ran away from the spot alongwith their respective weapons. He immediately called the family members of Vicky Sharma and he was taken to the Guru Nanak Dev Ji Hospital, but as the injuries were grievous, so he was taken to the Amandeep Hospital. Motive behind the occurrence is that Gaurav Sharma was required by the police in some case and Vicky Sharma had informed the police about him. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. The head injury with kirpan has been attributed to the petitioner. As many as 12 injuries were found on the person of Vicky Sharma injured. Injuries No.1, 6 and 7 were declared grievous in nature as per Annexure P.2. In view of the fact that Criminal Misc. No.M-29422 of 2008 -3- head injury has been attributed to the petitioner, I do not deem it a fit case to admit bail to him. As such, this petition is dismissed. February 05, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? No