CRM-M-23117 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-23117 of 2011 Date of Decision:19.08.2011 Rajbir Singh alias Raja and another . . .Petitioners Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Ms.G.K. Mann, Advocate, for the petitioners. Mr.A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for bail in a pending trial case registered vide FIR No.40 dated 5.5.2011 under Sections 341, 325, 308, 506, 148 & 149 of the Indian Penal Code,1860 (for short ‘IPC’) at Police Station Dehlon, District Ludhiana. Initially the bail application was filed on behalf of co-accused namely Rajbir @ Raja and Jagdeep Singh @ Inderveer Singh @ Indi. Learned counsel for the petitioner No.1 has submitted that on the last date of hearing the bail application on behalf of petitioner No.2 Jagdeep Singh @ Inderveer Singh @ Indi was withdrawn, however, it is wrongly recorded in the order to have been withdrawn on behalf of Rajbir @ Raja. In any case, since the bail application on behalf of Jagdeep Singh has been withdrawn, therefore, she is only concerned with the bail application of Rajbir (petitioner No.1) who attributed the role of giving a punch blow on the face of the complainant (Satinder Singh). Learned counsel for petitioner No.1 further submits that the complainant was medico legally examined on 3.5.2011 at 10.30 AM and the following three injures were found: “1. Pain and swelling over the (A) Cheek. Nose bleeding present. Upper and lower CRM-M-23117 of 2011 - 2 - lip swelling present on the (R) side. Adv. Xray skull, Dental opinion. 2. Complaint of pain and swelling over the (R) shoulder joint. Adv. Xray. 3. Complaint of pain and swelling over the back of neck. Adv. Xray.” All the injuries were found to be caused with blunt weapon and it was observed that nature of injuries No.1 to 3 would be declared after Xray and dental opinion. Learned counsel for petitioner No.1 further submits that instead of getting report form the Government Doctor, opinion has been obtained from a private Doctor to the following effect: Sr. No. Site Size Type Nature 1. Rigth Eye (Swelling) 3-4 cm Contusions (Swelling) Upper eyelid Simple injury 2. Nose. Nasal Bleed Simple Injury 3. Fracture lateral wall of right orbit and bleeding in right ethomoid Sinus. Dangerous to life Learned counsel for petitioner No.1 submits that so far as injury No.3 is concerned that was declared by the Government Doctor, as per the MLR, to be pain and swelling on the back of the neck whereas no injury has been found on the back of the neck by the private Doctor, who has found fracture on the lateral wall of the right orbit which is conspicuously absent in the Medico Legal Report of the Government Doctor. In view thereof, it is submitted that the opinion has been procured by the complainant in order to involve petitioner No.1 in a serious offence of Section 308 IPC. It is further submitted that petitioner No.1 is in custody since 20.6.2011 and the challan has already been presented. CRM-M-23117 of 2011 - 3 - Keeping in view the facts and circumstances of the case but without making any observation on merits, the present petition qua petitioner No.1 is hereby allowed. Petitioner No.1 is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trail Court. (RAKESH KUMAR JAIN) AUGUST 19, 2011 JUDGE Vivek