Crl.M.No.23487-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.23487-M of 2010(O&M) Date of order: 7.9.2010 Roshan ....Petitioner vs. State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Veneet Sharma, Advocate for the petitioner. Mr. M.S. Sindhu, Addl.A.G, Haryana. JASWANT SINGH, J (ORAL) Crl.M.No.41841 of 2010 Application is allowed as prayed for. Crl.M.No.23487-M of 2010 Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.100 dated 16.3.2010 under Sections 324/307/34 IPC, P.S Sadar, Palwal, District Palwal. As per allegations in the FIR, complainant-Rajbir is alleged to have been pushed by co-accused Devender and Dhirender sons of Ram Gopal and that Smt Rani-wife of the petitioner is alleged to have caught hold of the complainant while the petitioner-Roshan being armed with a knife is alleged to have caused blows at the belly and chest of complainant- Rajbir. Learned counsel submits that initially the FIR was registered Crl.M.No.23487-M of 2010 #2# under Section 324/34 IPC and the petitioner was released on bail on 18.3.2010, however, on 1.4.2010 it was opined by the Doctor that the injuries suffered by the complainant could be dangerous to life and thus Section 307 IPC was added, as a result the petitioner was arrested on 2.4.2010 and since then he is in custody. It is contended that though the injuries have been opined to be “could be dangerous to life”, however, the same are superficial. It is submitted that the investigation in this case is over and the challan has been presented. Learned state counsel, on instructions from HC, Hari Om, does not refute the fact that the challan has been presented. He, however, submits that keeping in view the nature of the injuries inflicted by the petitioner with the knife, he does not deserve the concession of bail. Counsel for the parties heard. Without expressing any opinion on the merit of the case and keeping in view the fact that the challan has been presented and there is no possibility of the petitioner to influence/win over the witness-complainant nor is there any likelihood of his absconding, I find no valid ground to keep the petitioner in custody any further. Petitioner is directed to be released on bail to the satisfaction of the ld. Chief Judicial Magistrate/Duty Magistrate, Faridabad. Petition stands disposed of. September 07, 2010 ( JASWANT SINGH ) manoj JUDGE