In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-23830 of 2010 (O&M) Date of decision: 9.11.2010 Hazara Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.JBS Gill, Advocate, for the petitioner. Mr.Amandeep Singh Rai, A.AG, Punjab. Mr.K.S.Kahlon, Advocate, for the complainant. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 50 dated 18.3.2010, under Sections 302/ 34 of the Indian Penal Code registered at Police Station Mukerian District Hoshiarpur. The allegations levelled in the FIR, in brief, are that on 4.3.2010 at about 5 p.m. injuries were inflicted on the person of Harbhajan Kaur by the petitioner and his co-accused. Hazara Singh gave a stick blow on the right knee of Harbhajan Kaur, whereas, Sandip Kumar gave a stick blow on the head of Harbhajan Kaur. Harbhajan Kaur admittedly remained in the Civil Hospital, Mukerian Criminal Misc. No.M-23830 of 2010 (O&M) -2- up to 6.3.2010 and thereafter, she was again got admitted in Tagore Hospital, Jalandhar on 13.3.2010. Learned counsel for the petitioner has submitted that as per the statement of PW-2 Dr.Sandeep Goel, Consultant Neurologist, Tagore Hospital, Jalandhar, the stroke suffered by the deceased could not be the result of injuries mentioned in her medico legal report dated 4.3.2010. Learned State counsel, who is assisted by learned counsel for the complainant, on the other hand, has opposed this petition and has submitted that the injury was inflicted on the head of Harbhajan Kaur and due to this reason, she had suffered a stoke on 13.3.2010. Examination-in-chief of PW-2 Dr.Sandeep Goel, reads as under:- “I have brought the summoned record. On 13.3.2010 at 5.28 AM patient Harbhajan Kaur wife of Surinder Singh came to out hospital with complaint of headache, vertigo and difficulty in swallowing vomiting, reduced appetite for the last 3 to 5 days. She was admitted in the hospital with diagnosis of hypertension, stroke, left lateral medullary syndrome with esophageal candidiasis. The patient expired in our hospital on 18.3.2010 at 6.15 AM. Information was not sent to police as it Criminal Misc. No.M-23830 of 2010 (O&M) -3- was a case of stroke. Ex.PD is photostat copy of the bed head ticket of the patient. It is correct according to original. The abovesaid stroke could not be result of the injuries mentioned in MLR Ex.PA. EX.PE is certificate regarding death of Harbhajan Kaur and taking of dead body of Harbhajan Kaur from our hospital to Mukerian by the attendants.” Thus, as per the said doctor, the stroke suffered by Harbhajan Kaur could not be the result of injuries mentioned in the medico legal report Ex.PA. In these circumstances, it would be just and expedient to release the petitioner on bail. The fact that whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Hoshiarpur. (SABINA) JUDGE November 09, 2010 anita