IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 1506 of 2009 (O&M) Date of decision : February 13, 2009 Sehajpal Singh ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. GS Chahal, Advocate for the petitioner Mr. KD Sachdeva, DAG Punjab Mr. Harsh Aggarwal, Advocate for the complainant Pritam Pal,J. (Oral) Petitioner has brought this petition under section 438 of the Code of Criminal Procedure for seeking anticipatory bail in case FIR No.99 dated 26.9.2008 under sections 307, 498-A, 506, 323, 34 IPC registered at Police Station Moonak, District Sangrur. As per allegations of the prosecution, the petitioner who is husband of the complainant Jaswinder Kaur had made an attempt to kill her by putting rope around her neck on 24.9.2008 at about 5.00 PM. In this regard, learned counsel for the petitioner contends that now section 307 IPC has been deleted by the police during the investigation, so the petitioner is entitled to bail under section 438 Cr.P.C. for the commission of the remaining offences which are punishable under Sections 498-A, 506, 323, 34 IPC. However, this contention has been rebutted by learned State counsel assisted by Mr. Aggarwal, learned counsel for the complainant and then made reference to the medical report prepared Criminal Misc. -M No. 1506 of 2009 (O&M) -2- on the next day of occurrence i.e. 25.9.2008 wherein, four injuries are also shown to have been caused on the person of Jaswinder Kaur-complainant. Photographs were also shown in the court which also indicate that there is an injury around the neck of the complainant as mentioned in the MLR placed on the file. Without commenting on the merits of the case and taking into consideration the aforesaid facts and circumstances, the petitioner who is husband of the complainant, does not deserve bail under section 438 of the Code of Criminal Procedure. Criminal Misc. is dismissed. ( Pritam Pal ) February 13, 2009 Judge 'dalbir'