Criminal Misc.-M No. 23215 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 23215 of 2011 (O&M) Date of decision: 19.10.2011 Jasbir and others .. Petitioners Vs. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S. S. Kharb, Advocate for the petitioners. Mr. Subhash Godara, Addl. Advocate General, Haryana. ... Rajesh Bindal J. Prayer in the present petition is for grant of bail pending trial. The FIR was registered by the complainant stating that his uncle's son along with one another person had taken him to village Khalila to take money from some one. They stopped in the fields of Jagbir. Both of them started taking liquor. They offered the same to the complainant and stated that either the complainant should take the liquor or pay the cost thereof. Having refused, the complainant was caused injuries. Learned counsel for the petitioners submitted that the alleged incident had taken place on 1.4.2011. A DDR was recorded on 5.4.2011. Calendra under Sections 107/151 Cr.P.C., was presented on 8.4.2011. The FIR was registered on 21.5.2011, i.e., after a delay of 47 days after taking opinion of the doctor from a private hospital, who opined that the injuries were grievous in nature. No opinion of a doctor from the government hospital was taken. It cannot possibly be a case of kidnapping as admittedly petitioner No. 1 is the cousin of the complainant and even as per the contents of the FIR, he had voluntarily gone with them. The petitioners are in custody for a period of about 4-1/2 months. Learned counsel for the State did not dispute the fact that the complainant did not present himself in any government hospital and as such no medical opinion has been taken. Offence under Section 308 IPC Criminal Misc.-M No. 23215 of 2011 [2] was added only on the basis of opinion of the doctor from a private hospital. After hearing learned counsel for the parties and considering the fact that the complainant was not examined by any government hospital regarding the injuries suffered by him, though it was specifically opined even by the doctor in the private hospital that final opinion is to be given by the Radiologist, Senior Civil Surgeon, PGIMS, Rohtak and Civil Hospital, Panipat, in my opinion, the petitioners deserve concession of bail pending trial. They are directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Panipat. The petition stands disposed of. (Rajesh Bindal) Judge 19.10.2011 mk