Crl. Misc. No. M-13443 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-13443 of 2011 (O&M) Date of decision : 27.5.2011 Om Parkash ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Narinder Lucky, Advocate for the petitioner. Mr. Siddharath Sarup, Dy. Advocate General, Haryana. Rajan Gupta, J. This is a petition under Section 438 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioner under Sections 148, 149, 323, 325, 506 IPC and Section 307 IPC added later on at Police Station Rajendra Park, Gurgaon, District Gurgaon, vide FIR No.3 dated 3rd January, 2011. Learned counsel for the petitioner has argued that earlier offence under Section 307 IPC was not included in the FIR, due to which the petitioner was granted bail. He submits that Section 307 IPC has been added later on. In view of same, he is entitled to be granted the concession of pre-arrest bail. According to him, grievous injury is not attributed to the petitioner. He has referred to medical report, Annexure P-3 and contends that the said injury cannot be said to be dangerous to life. Learned State counsel has, however, opposed the prayer. Crl. Misc. No. M-13443 of 2011 2 He submits that injury attributed to the petitioner led to multiple fracture involving anterior and posterior wall of maxillary sinus, Nasal bone etc. He submits that according to the report submitted by the government doctor, the injury inflicted by the petitioner had been declared dangerous to life. I have heard learned counsel for the parties and given careful thought to the facts of the case. The FIR in question was lodged by Satinder Kumar who stated that on 30th December, 2007 at about 7.30 P.M. their family was assaulted by the accused. The petitioner Om Parkash, who was part of the unlawful assembly inflicted injury just below the right eye of Satinder Kumar injured. As a result of the stick blow given on the right eye, according to medical opinion, following injuries were caused. “Bony calvariom : Multiple fractures involving anterior and posterior wall of Maxillary sinus, Nasal bone, lateral orbital wall, right orbital plate, ethmoid bone, frontal bone and temporal bone on right sides. Collection are seen in right maxillary sinus, bilateral ethmoid and frontal sinus.” A report was later given by the doctors of Civil Hospital, Gurgaon wherein it was stated that injury No.1 was dangerous to life. In view of aforesaid, I am of the considered view that the petitioner is not entitled to the concession of pre-arrest bail. The petition is devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 27.5.2011 'rajpal'