Crl. Misc. No. M-17332 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH * * * * * Crl. Misc. No. M-17332 of 2011 Date of decision : December 8, 2011 * * * * * Amrik Singh alias Manga ............Petitioner Versus State of Punjab ...........Respondents * * * * * CORAM: HON'BLE MR. JUSTICE GURDEV SINGH * * * * * Present: Mr. R.P Dhir, Advocate for the petitioner. Mr. A.S Brar, Sr. DAG, Punjab. * * * * * GURDEV SINGH, J (ORAL) This petition under Section 439 of the Code of Criminal Procedure has been filed by Amrik Singh alias Manga son of Mohan Singh, petitioner/accused, for the grant of regular bail in FIR No.52 dated 3.10.2009 registered under Sections 326, 324, 323, 148, 149 IPC in Police Station Mehtiana Distt. Hoshiarpur. As per the facts narrated in the FIR, it was on 22.9.2009, at about 10:30 A.M that Gurpreet Singh, complainant/injured had gone to the Bus stand where Amarjit Singh and Shamsher singh were already present. At about 10:40 a.m the present petitioner/accused while armed with a kirpan, along with his co- accused who were also armed with different weapons, came there in car make Indica. Kirpaljit Singh raised a lalkara exhorting his co- Crl. Misc. No. M-17332 of 2011 2 accused to catch hold of the complainant and to eliminate him. Thereafter, Inderjit Singh @ Shabi gave a blow with his datar on the left side of his head and the second blow was given to him by the present petitioner/accused on the same side of his head with the help of a kirpan. Third blow was given to him by Amanpreet Singh with the help of a kirpan on his left hand. Makhan Singh gave blow with his baseball bat on his left leg. All the accused then gave beatings to him thereby causing other injuries. During the medical examination of the complainant, five injuries were found on his person and those were subjected to radiological examination in which the depressed fracture of the left side of the skull and second metacarpal on the left hand were found. Thereafter injuries nos. 2 & 3 were declared as grievous. It is injury no.2 which has been attributed to the petitioner/accused. In fact injury no.2 is described as incised injury on the left parietal region about 3 cm x 0.2 cm and 2 cm x 0.2 cm. The question arises whether a blow given with the help of a kirpan cause a depressed fracture and that question is to be determined during the trial. But a debatable question arises, as to whether it was a blow given by the present petition which resulted in that fracture or the blow given by the other accused on the same part of the body of the injured. It has not been disputed that the petitioner is in custody since 23.3.2011. The supplementary challan against him was presented on 20.5.2011. The conclusion of the trial will certainly take some time. Keeping in view all the above said facts and without expressing any opinion on the merits of the case, the petitioner Crl. Misc. No. M-17332 of 2011 3 accused is ordered to be released on bail subject to the satisfaction of the trial Court subject to the following conditions: (I)that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (II)that the petitioner shall not leave India without the previous permission of the Court. December 8, 2011 ( GURDEV SINGH ) ritu JUDGE