Crl. Misc. No.M-7105 of 2011 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-7105 of 2011 Date of decision: 18.04.2011 Emmanual Masih alias Roada .. Petitioner Versus State of Punjab .. Respondent Present:- Mr.T.P.S. Tung, Advocate, for the petitioner. Mr.V.P.S. Sidhu, AA.G., Punjab. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 27.09.2010 for the offences under Sections 452, 324 and 307 IPC at Police Station Dhariwal, District Gurdaspur. The FIR, in the case has been registered on the statement of Reena @ Veero wife of Vijay Kumar, whose husband-Vijay Kumar is a property dealer. The complainant has a brother namely Emmanual Masih @ Roada (petitioner). He is married with Sunita resident of village Ranike. For the last 15 days, the sister-in-law (Bhabhi) of the complainant had gone to her parental house and from there she had gone to some unknown place. Emmanual Masih @ Roada (petitioner) was having a suspicion that Vijay Kumar (husband of the complainant) had kept his wife at some unknown place. On the intervening night of 26/27.09.2010 the complainant and her husband as also her daughters Nisha and Crl. Misc. No.M-7105 of 2011 ::2:: Pooja were sleeping in the verandah and her husband and son Gagandeep were sleeping in the room. At about 2.30 a.m., they heard some noise from the room. On hearing the same, the complainant Reena @ Veero along with her daughters Nisha and Pooja woke up and saw that the Emmanual Masih @ Roada (petitioner) armed with a datar was inflicting injuries to Vijay Kumar (husband of the complainant) on his head. In their presence the petitioner gave three blows with datar on the head of the husband of the complainant-Reena @ Veero. They raised an alarm and then Emmanual Masih @ Roada (petitioner) along with his datar scaled the wall and ran out of the house. The petitioner was arrested in the case on 03.11.2010 and since then he is in custody. The injured Vijay Kumar has since been discharged from the hospital. The prosecution has cited 15 witnesses and till date none has been examined. The prosecution is to prove and establish its case by leading evidence. The complainant though has suffered four injuries, however, it is submitted, that he has been discharged. According to the learned counsel for the petitioner, the petitioner has suffered three injuries and he left the Government Hospital on his own and went to a private hospital. It may be noticed that the petitioner was treated at Dr. Karam Singh Memorial Orthopaedic Multi Speciality Hospital and Research Centre, Amritsar. It has given a certificate wherein the following four injuries have been mentioned:- (i) Extensive communited with depressed fracture of left parietal bone is seen. Multiple bony fragments are seen haphazardly in this region. (ii) Fracture of left squamofrontal bone seen on left side. Crl. Misc. No.M-7105 of 2011 ::3:: (iii) Hyperdense collection is seen in left sylyian fissure and few of sulcal spaces in left temporal region-SAH. (iv) Pneumocephalus is seen in bilateral frontal regions extending into the anterior interhemispheric fissure. Small pockets of air are seen in bilateral parietal and left temporal sulcal spaces. It is thereafter stated that the patient Vijay Kumar was operated upon on 28.09.2010 and he is still admitted in their hospital and is not able to speak and won't be able to speak in future according to the doctor. In the circumstances, the petitioner, it may be noticed inflicted grievous injuries which has resulted in loss of the speech of the Vijay Kumar. In the facts and circumstances, no ground for grant of concession of regular bail to the petitioner is made out. The criminal miscellaneous petition is accordingly dismissed. (S.S. SARON) April 18, 2011 JUDGE sukhpreet