Criminal Misc. No.M-13634 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.No.M-13634 of 2010 Date of Decision:13.05.2010 ****** Devinder Singh @ Deva …..Petitioner/applicant Versus State of Punjab .....Respondent Present: Mr. P.S. Brar, Advocate for the petitioner. Mr. Shilesh Gutpa, Deputy Advocate General, Punjab for respondent-State. ..... S.S. Saron, J. Learned counsel for the petitioner has contended that the petitioner had earlier filed Criminal Miscellaneous No.M-9963 of 2010 along with three other co-accused, namely, namely, Kala @ Surinder Kumar, Nimma @ Nirmal Singh and Monu @ Kamal Kumar for pre arrest bail. The said petition was allowed by this Court vide order dated 28.04.2010. However, the application for pre arrest bail of the petitioner was dismissed as withdrawn. It is submitted that in fact, injury which is attributed to the petitioner is doubtful as to whether it is grievous in nature or not. A reference has been made to the opinion of the Medical Board in this regard. After giving my thoughtful consideration to the matter, it may be noticed that in the earlier order dated 28.04.2010 whereby application for pre arrest bail was granted to the other three co- accused and bail application of the petitioner was withdrawn qua the present petitioner it was observed that the petitioner gave a blow on the right arm of the complainant-Manjinder Singh. The injury was initially stated to be simple in nature. Thereafter a medical board was Criminal Misc. No.M-13634 of 2010 2 constituted and the board in its report dated 24.03.2010 observed a fracture on left arm of complainant-Manjinder Singh. As such, injury No.2 on the person of complainant-Manjinder Singh was observed to be grievous. Injury No.2 on the complainant-Manjinder Singh is an incised wound 10.5 cm on the interior aspect of right forearm 11.5 cm proximal to wrist, fresh bleeding present. The opinion as given is as follows:- “The presence of fracture in the (L) ulna, in the x-ray dated 24.03.2010 is unexplainable. The fracture may have been inflicted after the medico legal x-ray taken on 22.02.2010. Injury no.2 is grievous in nature. Question: Whether the injury could be the result of the friendly hand or self suffered? Answer: Possibility of injury caused by friendly hand or self suffered cannot be ruled out.” A perusal of this opinion reveals that injury No.2 is grievous in nature besides petitioner was duly armed with Kappa and he had caused the injury. Moreover, the earlier application for bail filed by him was withdrawn on 28.04.2010. In the circumstances no ground for pre-arrest bail is made out. Criminal miscellaneous application is dismissed. (S.S. Saron) JUDGE May 13, 2010 sharmila