CRM M-18382 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.33042 of 2009 and CRM M-18382 of 2009 Date of Decision: 24.8.2009 Pawan Kumar and another ....Petitioners. Vs. State of Haryana ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Navneet Singh, Advocate for the petitioners. Mr.Partap Singh, Sr.DAG Haryana for the State/respondent. RAKESH KUMAR JAIN, J.(Oral) CRM No.33042 of 2009 Allowed as prayed for. Main Case The petitioners have applied for grant of anticipatory bail in case registered vide FIR No.134 dated 25.3.2009 under Sections 324/326/34 IPC at Police Station Jhajjar. The aforesaid FIR was registered on the statement of Tejbir who stated that he is resident of Kot Ukhalchana. About three months back, he had given clothes for stitching to Pawan son of Rajender. On 25.3.2009, at about 9 a.m. when he went to collect his clothes at their shop, Pawan and his younger brother Pardeep were present. When he asked about his clothes, they said that those are not stitched as yet and asked him to come on some other day. On this, they entered into an altercation and when he reached at CRM M-18382 of 2009 -2- the bus stand Pardeep came from behind and caught hold of him and Pawan gave scissors blow two times on his chest. When he raised hue and cry, then his cousin brother Balwan and Joginder came there and rescued him. Both the accused/petitioners ran away from the spot. At the initial stage, when the bail application was considered, counsel for the petitioners argued that as per the MLR (Annexure P-4), two injuries were suffered by the complainant. He also submitted that initially case was registered under Section 324/34 IPC in which he was released on bail but Section 326 IPC was added later on, after receiving opinion from the doctor that injuries No.1 and 2 are grievous in nature. As against this, counsel for the State submitted that opinion has been given by the Surgeon at PGIMS, Rohtak in which he has mentioned that injuries are on right kidney and lever. Today, counsel for the State has also placed on record opinion of Dr.Kumud SMO, Govt. Hospital, Jhajjar which is as under : “As per MLR there were two injuries of incised wound present on the right side of chest 4 cm below the right nipple and 2nd injury was just below the injury No.1. As per the medical report of the Surgeon from PGIMS Rohtak. Laceration was present on the segment V and VI on the lever and also contusion present on the upper pole of right kidney. Injuries on lever and kidney can be cause because lever is situated below the lower part of chest and upper pole of kidney situated just below the lever. Laceration in the lever can be caused by these injuries and contusion on the upper part of kidney blood deposited from the injury of lever. Injury No.2 on right side chest is so deep reach up to lever. Sharp edge weapon reached upto lever.” Keeping in view the nature of injuries and gravity of the CRM M-18382 of 2009 -3- offence, I do not find it to be a fit case for grant of anticipatory bail to the petitioners, therefore, the petition is dismissed. (RAKESH KUMAR JAIN) 24.8.2009 JUDGE Meenu