Crl. Misc. No. M – 17886 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 17886 of 2010(O&M) Date of decision:- 7.9.2010 Sandeep Singh @ Khonkar ... Petitioner Versus State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. J.B.S.Gill, Advocate, for the petitioner. Mr. A.S.Brar, Sr. DAG, Punjab. Gurdev Singh, J (oral) Heard. The petitioner – Sandeep Singh @ Khonkar has filed this petition under Section 439 of the Code of Criminal Procedure for the grant of regular bail in FIR No. 96 dated 18.12.2009 registered under Sections 148, 307, 326, 324, 323, 450 and 149 IPC, in Police Station Hariana, District Hoshiarpur on the ground that he has been falsely implicated and that the grievous injuries were found on the non-vital part of the body of the injured and both the injured have already been discharged from the hospital. It was on the statement of one of the injured namely; Pankaj Bhalla, that the said FIR was registered. He came out with the version that his brother Abhinav Bhalla was made President of the Students of the college with consensus and on that account the present petitioner and Rajinder Singh @ Sonu, who were heading the another group of the boys, Crl. Misc. No. M – 17886 of 2010(O&M) -2- were nursing grudge against him. On 15.12.2009, his brother was playing video game with him on the shop in the Thathiaran Bazar, when the present petitioner accompanied by 7-8 boys, while armed with Kirpans, Khandas and baseball bats, entered that shop. The petitioner raised lalkara exhorting his co-accused to catch hold of Abhinav Bhalla and to teach him a lesson for becoming the President of the college. Thereafter all those boys gave a number of blows to Abhinav Bhalla. The present petitioner gave blows with his Khanda on his right hand, below right ankle, left leg, left shoulder, left wrist near left knee and left side of head. The other accused namely; Sandeep Singh Sonu @ Rajinder Singh, gave two kirpan blows, which hit him (complainant) on the right side of his nose, left palm and left side of the chest. After the occurrence they were removed to the hospital where they were medically examined. During that medical examination nine injuries were found on the person of Abhinav Bhalla and five injuries were found on the person of Pankaj Bhalla. Initially injuries No. 1, 2 and 7 on the person of Abhinav Bhalla were declared as grievous, but subsequently opinion was given by Board of Doctors that all the injuries were collective dangerous to life. It has been submitted by learned counsel for the petitioner that there is a delay in lodging the FIR. Abhinav Bhalla was declared fit to make a statement on 16.12.2009 and still he did not make any such statement on the ground that he was not in a position to make such a statement and he was under the influence of medicines. Thus there is possibility of the present FIR being a result of due deliberations and consultations. He also submitted that the opinion of the Board of Doctors Crl. Misc. No. M – 17886 of 2010(O&M) -3- that the injuries were dangerous to life is not based upon any report. The fact of the delay is not to be seen at the stage of deciding the bail application. The prosecution may be able to explain that delay during the trial. Most of the injuries on the person of Abhinav Bhalla have been attributed to the present petitioner. It is very much clear from the facts, as narrated in the FIR, that the present petitioner with his companions came after making preparation with a pre-designed mind. Repeated blows with the help of Khanda were given by the present petitioner. All the injuries collectively were found dangerous to life. Keeping in view the heinous nature of the crime and the circumstances in which the offence was committed, I do not find any ground for releasing the petitioner on bail. The petition is dismissed accordingly. September 7, 2010 (Gurdev Singh) tripti Judge