Crl. Misc. No. M-21315 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-21315 of 2011 Date of Decision: November 28, 2011 Sunil Kumar …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Hemant Saini, Advocate for the petitioner. Mr.Kirat Singh Sidhu, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of regular bail in a case registered at the instance of Maninder Singh alleging that on December 26, 2010, he alongwith his brother Jatinder Singh had gone for re-charging of their mobile to Rocky Mobiles situated in Fateh Singh Colony, Main Road. When the complainant had gone in a dark corner for urination, Dody, Kali and Balbir Singh who are standing with a girl there, abused the Crl. Misc. No. M-21315 of 2011 [2] complainant. Kali and Balbir gave beatings to the complainant. When the complainant told everything to his brother Jatinder, meanwhile, Dody armed with knife, Kali armed with Kirpan, Sunil @ Ashu (petitioner), Satin, Kabal Singh @ Balli, @ Balbir Singh, alongwith Raju accompanied by Gulshan and Aman came there and assaulted Jatinder and the complainant. Non- petitioner Kali gave a kirpan blow on the head of the complainant. All the accused gave beatings to the complainant. Thereafter when Jatinder stepped forward, non-petitioner Dody gave a knife blow under the arm of Jatinder as a result of which he fell down. They kept on giving beatings to the deceased who died on the spot. Counsel for the petitioner submits that as per the post-mortem report, there is no injury corresponding to the injuries attributed to petitioner Sunil Kumar, Kabal Singh and Raju. It has been submitted that only three injuries are there on the person of the complainant and there are only two injuries on the person of the deceased making the story of the prosecution doubtful for having contradictions in the ocular and medical evidence. I have considered the contentions of counsel for the petitioner and I am of the opinion that it is premature to express any opinion regarding the contradictions in the ocular and medical evidence referred to by the counsel for the petitioner. Even complainant Maninder Singh, the main eye-witness has not yet been examined. The father of the complainant had arrived on the spot immediately after the occurrence. No ground is made out to grant the concession of bail to the petitioner at this stage. Dismissed. Crl. Misc. No. M-21315 of 2011 [3] In case the complainant is not examined within a period of next three months, it will also be open to the petitioner to approach this Court again. November 28, 2011 (M.M.S.BEDI) sanjay JUDGE