CRM-M 26981 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M 26981 of 2009 Date of Decision: 12.11.2009 Harmesh Singh ..Petitioner. Vs. State of Punjab ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Puneet Garg, Advocate for Mr.R.S.Bains, Advocate for the petitioner. Ms.Rajni Gupta, Addl.AG Punjab for the respondent/State. RAKESH KUMAR JAIN, J (Oral). This is a petition under Section 438 of the Code of Criminal Procedure, 1973 (for short `Cr.P.C.') in case FIR No.65 dated 14.7.2009 under sections 323/307/341/34 IPC registered at Police Station Nurpur Bedi. The allegations against the petitioner are that he had caught hold of the arms of the father of the complainant and thereafter, Kesar Singh gave a gandasi blow on his head. Counsel for the petitioner has basically argued that injury attributed to the petitioner falls under Section 323 IPC and as per Annexure P-5, head injury is also simple in nature. As against this, counsel for the State, on instructions received from ASI Gurmukh Singh assisted by the counsel for the complainant, has placed on record a report of Radiology Department, PGI Chandigarh dated 14.7.2009 in which injury on the head of the complainant/father is found to CRM-M 26981 of 2009 -2- be a fracture of parietal bone. It is also submitted that participation of the petitioner in the alleged occurrence is not less than that of the main accused, therefore, the case is registered not only under Sections 323 IPC but also 307/34 IPC as well. After hearing the counsel for the parties and keeping in view the fact that the petitioner has actively participated in the alleged offence as a result of which the injured has suffered fracture of the skull, I do not find it to be a fit case for grant of anticipatory bail to the petitioner. Therefore, the petition is dismissed. (Rakesh Kumar Jain) 12.11.2009 Judge Meenu