Criminal Misc.-M No. 24299 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 24299 of 2011 (O&M) Date of decision: 19.10.2011 Sh. Lakhwinder Singh @ Billa .. Petitioner Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. A. K. Lamdharia, Advocate for the petitioner. Mr. P. S. Bajwa, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of bail to the petitioner pending trial. Learned counsel for the petitioner submitted that the date of alleged incident is 11.12.2009. Though a DDR was recorded on the same day, but the FIR was registered only on 17.1.2010 under Sections 323/325/34 IPC. The petitioner was arrested and released on bail. Offence under Section 308 IPC was added on 2.2.2011, i.e., more than one year after the date of alleged occurrence. Thereafter, the petitioner was taken into custody on 13.5.2011. The submission is that the petitioner has been falsely implicated. It is an admitted case of the complainant himself that he was already drunk when he had gone to a liquor vend to buy more liquor and after consuming the same, he was going towards his village. The injuries suffered by the complainant may be on account of fall or some accident. Though in the FIR, it is alleged that the injuries have been caused with “Dah”, a sharp edged weapon, however, it was found that the injuries allegedly suffered by the complainant were caused with a blunt weapon. On the other hand, learned counsel for the State submitted that offence under Section 308 IPC was added after taking the opinion of Board of Doctors. However, he did not dispute the fact that as per the Criminal Misc.-M No. 24299 of 2011 [2] medical report, the injuries suffered by the complainant were found with a blunt weapon. After hearing learned counsel for the parties and considering the fact that the complainant himself admitted in the FIR that he was already drunk when he had bought more liquor and after consuming the same, he was going towards the village; he alleged that the petitioner had caused injuries with “Dah” and thrown him near the GT road, however, the injuries were found to have been caused with a blunt weapon and considering the period of his custody, in my opinion, the petitioner deserves concession of bail pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana. The petition stands disposed of. (Rajesh Bindal) Judge 19.10.2011 mk