Crl. Misc. No. M-21493 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-21493 of 2008 Date of Decision : August 25, 2009 Navrattanpal Singh .... Petitioner Vs. State of Punjab and another .... Respondents CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. H. S. Batth, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab for respondent no.1. Mr. L. M. Gulati, Advocate for respondent no.2. * * * L. N. MITTAL, J. (Oral) : By this common order, I am disposing of two petitions i.e. Crl. Misc. No. M-21493 of 2008 and Crl. Misc. No. M-21234 of 2008 – both filed by injured-complainant Navrattanpal Singh for cancellation of bail of Patki @ Sandeep Singh Sonu and Mehar Singh @ Mehra respectively as granted by learned Sessions Judge, Amritsar vide orders dated 21.07.2008 and 29.07.2008 respectively. I have heard learned counsel for the parties and perused the case files. Patki @ Sandeep Singh Sonu was arrested on 19.06.2008 and bail order was passed on 21.07.2008 i.e. after a month and two days. Mehar Crl. Misc. No. M-21493 of 2008 2 Singh @ Mehra was arrested on 23.06.2008 and bail order was passed on 29.07.2008 i.e. after one month and six days. Patki @ Sandeep Singh Sonu is attributed grievous hurt with sword on left wrist i.e. non-vital part falling within the ambit of Section 326 of the Indian Penal Code (in short – IPC), besides another simple injury. Mehar Singh @ Mehra has been attributed grievous hurt with sharp weapon on head i.e. chip fracture of right parietal bone of skull, besides another simple injury. Learned counsel for the petitioner contended that at least Mehar Singh @ Mehra should not have been granted bail as he caused fracture of skull i.e. vital part. Learned counsel for respondent no.2, however, contended that the case is triable by Magistrate and the accused have not misused the concession of bail during the period of 13 months since the grant of bail. I have considered the rival contentions. In so far as Patki @ Sandeep Singh Sonu is concerned, he caused grievous hurt on left wrist i.e. non-vital part. He remained in custody for more than a month. He was, therefore, rightly granted bail by Sessions Court. In so far as Mehar Singh @ Mehra is concerned, he caused chip fracture of right parietal bone i.e. vital part and therefore, learned Sessions Judge might have exercised his discretion in not granting bail to him at early stage of the case. Since, however, learned Sessions Judge exercised his discretion for granting bail to the said accused, no ground for cancellation of the same is made out because the case is triable by Magistrate and it was only a chip fracture of the right parietal bone. In view of the aforesaid, without meaning to comment anything on merits, both the petitions are dismissed. August 25, 2009 ( L. N. MITTAL ) monika JUDGE