IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-936 of 2011 (O&M) Date of Decision: February 02, 2011 Amarjit Singh and another. …Petitioners Versus State of Punjab. … Respondents CORAM: HON’BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be Allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. S.P.S. Sidhu, Advocate, for the petitioners. Mr. Jaspreet Singh, AAG, Punjab, for the respondent-State. Mr. Ashutosh Hoshiarpuri, Advocate, for the complainant. Alok Singh, J. (Oral) Accused Amarjit Singh @ Babbu and Mahesh Sharma @ Kala are seeking regular bail in the present petition in case F.I.R. No. 83 dated 26.08.2009, under Sections 302 / 324 / 323 / 148 / 149 of the Indian Penal Code, registered at Police Station Cantt. Ferozepur, District Ferozepur. CRM M-936 of 2011 Learned counsel for the petitioners has vehemently argued that petitioner no.1 – Amarjit Singh was wrongly shown as son of Om Parkash, while he is the son of Ram Parkash. He has further stated that Amarjit Singh was said to be armed with knife; while petitioner no.2 - Mahesh Sharma @ Kala was said to be armed with iron rod. Learned counsel for the petitioners has further argued that incident had occurred on 24.08.2009; while F.I.R. was lodged on 26.08.2009. Injured Rakesh Kumar (since deceased) was discharged from the hospital on 31.08.2009 and was again admitted in the hospital on 02.09.2009. Learned counsel for the petitioners, while relying on column No.8 of Annexure P/5, has argued that Medical Board has reported that patient had a fall on 31.08.2009 and sustained injuries on right side of chest and complained of pain and swelling on right side of chest. Learned counsel for the petitioners, taking me to the opinion of the Board of Directors in Annexure P/5, has argued that cause of death of Rakesh Kumar was shown due to acute renal failure. Learned counsel for the petitioners has vehemently argued that Dr. Richard David-PW1 has stated on oath that deceased had died due to acute renal failure and he was also found to be Hepatitis CV Positive and drug addict. He has further vehemently argued that none of the injuries on the body of the deceased was found to be grievous and dangerous to the 2 CRM M-936 of 2011 life. Learned counsel for the petitioners has further argued that if cause of death is renal failure which cannot be attributed to the injuries sustained by the injured, then no offence under Section 302 IPC can be said to be have been made out against the petitioners. Learned counsel for the complainant has argued that another doctor Dr. Rajiv Joshi has stated on oath before the learned Trial Court that renal failure due to injuries sustained cannot be ruled out. Learned Assistant Advocate General, Punjab, has opposed the bail application. Without commenting on the correctness of the opinion of Dr. Rajiv Joshi, in the opinion of this Court fact remains that the cause of death was renal failure and deceased was drug addict and was suffering Hepatitis CV Positive soon before his death. No injury on his person was found sufficient to cause death in the ordinary course of nature. Let petitioners be released on bail to the satisfaction of the learned Trial Court. Petition stands allowed accordingly. February 02, 2011 ( Alok Singh ) vkd Judge 3 CRM M-936 of 2011 4