Crl. Misc. No.M-601 of 2011 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-601 of 2011 Date of decision: 02.02.2011 Kamal Sethi .. Petitioner Versus State of Haryana .. Respondent Present:- Mr.Gurinder Pal Singh, Advocate, for the petitioner. Mr.Harmeet Singh Deol, Sr.DAG., Haryana. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 02.10.2010 for the offences under Sections 323, 307, 506 and 34 IPC, at Police Station Ratia, District Fatehabad. The FIR, in the case, has been registered on the statement of Navneet Kumar @ Vicky, who has alleged that on 01.10.2010, when he was at his shop, his paternal uncle's (Taya's) son namely Mandeep telephoned him that the tube of his motorcyle has been cut/destroyed when it was being got repaired from the shop of Kamal Sethi (petitioner). The complainant-Navneet Kumar @ Vicky was asked to come with a new tube. At about 2.30 p.m., the complainant along with Gurdutt Garg went to the said shop and saw that Kamal Sethi-mechanic (petitioner) and Raju were slapping Mandeep. The complainant and Gurudutt tried to save Mandeep. However, Kamal Sethi (petitioner) and Raju (non- Crl. Misc. No.M-601 of 2011 ::2:: petitioner) gave slaps to the complainant also. Kamal Sethi (petitioner) caught hold of the complainant and on the asking of Kamal, Raju gave a blow on his head with a wooden stick of kassi. In the meantime, the uncle of the complainant namely Tirth Ram also came there. Tirth Ram, Mandeep and some other people got the complainant freed from the assailants. The assailants after hitting the complainant went away from the site with wooden stick of kassi saying that 'they have a lot of people, today these persons have saved you, later on they would kill him.' After that Mandeep and Tirth Ram brought the complainant to Government hospital, where he had become unconscious. On gaining his consciousness, the complainant came to know that he was in Ludhiana hospital. He had apprised the police about the facts and he request for strict action being taken. Initially, the case was registered for the offences under Sections 323, 506 and 34 IPC. However, in terms of the report dated 05.10.2010, opinion of the Doctor was taken from Medicity Hospital, Ludhiana. It was opined that; “ head injury could have been dangerous to life”. On the basis of the said opinion, the offence under Section 307 IPC has been added. Learned counsel for the petitioner has submitted that the petitioner had submitted an application before the concerned Magistrate for medical re-examination of the complainant because he had gone to Ludhiana to his relative doctors and got a false medical report. The complainant-Navneet Kumar @ Vicky intentionally avoided to respond to the said application for more than a month and appeared before the Court on 18.11.2010 and made a statement to the effect that he had received injury about 1½ month earlier and wounds have been healed to great extent so he do not want to get medically re-examined. Crl. Misc. No.M-601 of 2011 ::3:: Learned counsel for the State has submitted that the petitioner along with Raju caused injuries on the person of the complainant- Navneet Kumar @ Vicky. After giving my thoughtful consideration to the matter, it may be noticed that Kamal Sethi (petitioner) is a mechanic and no injury has been attributed to him. The injured-complainant had declined to get medical re-examination conducted on 18.11.2010. An application for his medical re-examination was filed on 13.10.2010 (Annexure P-1). According to the learned counsel for the petitioner, the complainant had avoided putting in appearance before the learned trial Court for the purpose of medical re-examination. The petitioner is in custody since 08.10.2010. The charge report (challan) in the case has been filed on 28.10.2010. The trial in the case is likely to take time. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned trial Magistrate, Fatehabad, shall be admitted to bail. (S.S. SARON) February 02, 2011 JUDGE sukhpreet