IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4274 of 2011(O&M) Date of Decision: 09.03.2011 Gurpreet Singh .... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. S.P.S. Sidhu, Advocate for the petitioner Mr. J.S. Sidhu, AAG Punjab Mr. Manohar Kumar Garg, Advocate for the complainant 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) This is an application under Section 439 Cr.P.C. seeking regular bail in a case FIR No. 83 dated 26.8.2009 under Sections 302, 324, 323, 148, 149 IPC registered at Police Station Cantt. Ferozepur. Learned counsel for the petitioner has argued that incident had occurred on 24.8.2009 while FIR was lodged on 26.8.2009. Injured Rakesh Kumar (since deceased) was discharged from the hospital on 31.8.2009 and was again admitted in the hospital on 2.9.2009. Learned counsel for the petitioner while relying on column No. 8 of Annexure P/5 has argued that Medical Board has reported that patient had a fall on 31.8.2009 and sustained injuries on right side of chest and complained of pain and swelling on right side of chest. Learned counsel for the petitioner, taking me to the Crl. Misc. No. M-4274 of 2011(O&M) 2 opinion of the Board of Directors in Annexure P/5 has argued that cause of death of Rakesh Kumar was shown due to acute renal failure. Learned counsel for the petitioners has further argued that Dr. Richard David – PW1 has stated on oath that deceased had died due to acute renal failure and he was also found to be Hepatitis CV Positive and drug addict. He has further vehemently argued that none of the injuries on the body of the deceased was found to be grievous and dangerous to the life. Learned counsel for the petitioner has further argued that if cause of death is renal failure which cannot be attributed to the injuries sustained by the injured, then no offence under Section 302 IPC can be said to have been made out against the petitioner. Learned counsel for the petitioner while placing reliance on the judgment of Hon'ble Apex Court in the matter of State of Kerala vs. Raneef, reported in 2001(1) RCR (Criminal) page 381 has argued that in the event of acquittal of the accused time spent in jail can not be restore to the accused. Learned counsel for the complainant has argued that another doctor Dr. Rajiv Joshi has stated on oath before the learned trial Court that renal failure due to injuries sustained cannot be ruled out. Mr. J.S. Sidhu, AAG Punjab and learned counsel for the complainant have vehemently opposed the bail application and have stated that all the material witnesses have been examined and at this stage petitioner should not be released on bail. In the opinion of this Court fact remains that cause of death is renal failure and deceased was drug addict and he was also Crl. Misc. No. M-4274 of 2011(O&M) 3 found to be Hepatitis CV Positive soon before his death. Considering the totality of facts and circumstances of the case, petition is allowed. Let petitioner be released on bail to the satisfaction of learned trial Court. However, it is clarified that no observation, while deciding the bail application, shall prejudice the mind of learned trial Court while deciding the case at its own merits. (ALOK SINGH) 09.03.2011 JUDGE reena