IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-17829 of 2010 Date of decision : 29.7.2010 Kulwinder Singh …. Petitioner Versus State of Punjab ….. Respondent Present : Mr. N.K. Banka, Advocate for the petitioner. Mr. T.S. Salana, DAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 29.11.2009 for the offences under Sections 307, 452, 148/149 IPC; besides, Sections 25 and 27 of the Arms Act, 1959. The FIR in the case has been registered on the statement of Satinder Singh. In the incident that occurred on 28.11.2009, the petitioner, who, as per the FIR, is known as Harmeet Singh @ Deputy, was armed with a ‘Kirch’. He gave a direct blow with a ‘Kirch’ in the abdomen on the left side of Gurvinder Singh-brother of the complainant Satinder Singh. It hit him in the waist. As per the medical report of Gurvinder Singh, he received only one wound i.e. one incised stab wound 2 x 1 cm, un-edged shaped on the left lateral aspect of chest. After X-ray examination, the said injury was declared dangerous to life. The petitioner is in custody since 15.12.2009. However, no prosecution witness has been examined till Crl. Misc. No. M-17829 of 2010 [2] date. The prosecution is to examine 10 witnesses. The injured Gurvinder Singh has since been discharged from the hospital. The trial in the case is likely to take time. Besides, it is to be ascertained during trial as to whether the case is one of 307 or 326 IPC. In terms of Clause eighthly of Section 320 IPC, any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits is grievous. Therefore, an injury which is opined to be endangering life can even be grievous. However, this aspect is not to be gone into at this stage and is to be considered by the trial Court after evidence has been led. In the circumstances, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Faridkot shall be admitted to bail. (S.S. SARON) JUDGE July 29, 2010 amit