CRM No. M-1823 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-1823 of 2009 Date of decision: 21.01.2009 Mohd. Sadiq @ Chuchna ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. N.K. Verma, Advocate, for the petitioner. Rajan Gupta, J. This is a petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in a case bearing FIR No.223 dated 17th November, 2008, under Section 307 read with Section 34 IPC. The allegation against the petitioner is that he alongwith his co-accused Soni, attacked the complainant. The petitioner inflicted a Kirpan blow on the head of the complainant with an intention to kill. This resulted in a lacerated would of the size 3.5 x 0.4 cm on the head of the complainant. This led to registration of the instant case under Section 307/34 IPC. I have heard learned counsel for the petitioner. The learned counsel has mainly contended that the petitioner had been falsely implicated in the case. Another contention made by him is that the injury on the person of the complainant was not that serious. CRM No. M-1823 of 2009 2 After hearing the counsel for the petitioner, I am of the considered view that the petitioner is not entitled to concession of anticipatory bail. His plea of false implication can only be gone into by the trial court after evidence is led before it. Thus, this plea is totally untenable. As regards the injury, it is obvious that a wound of the size of 3.5 x 0.4 cm on the head has been caused due to the Kirpan blow. Thus, the contention of the counsel that the injury is not serious, is also devoid of merit. The injury by a sharp edged weapon on the head, under no circumstances, can be termed as minor or insignificant. There is thus no merit in this petition. The same is dismissed. (RAJAN GUPTA) JUDGE January 21, 2009 'rajpal'