Criminal Misc. No. M-37033 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-37033 of 2010 Date of decision : 18.01.2011 Sulakhan Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. M.K. Dogra, Advocate for the petitioner. Ms. R.K. Nihalsinghwala, Addl. Advocate General Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 114 dated 07.11.2010 under Sections 323, 324, 325, 326 & 34 IPC at Police Station Sri Hargobindpur, Police District Batala, District Gurdaspur. Learned counsel for the petitioner submits that since the petitioner was not armed with a sharp edge weapon, injury attracting offence under Section 326 IPC cannot be attributed to him. Learned State counsel has, however, opposed the prayer for bail. She submits that petitioner was armed with an iron rod and caused an injury leading to fracture of nasal bone. The said injury is referred in medico legal report and has been declared as grievous injury by the doctors. Heard. Criminal Misc. No. M-37033 of 2010 2 Admittedly, the petitioner was armed with an iron rod and caused injury No. 1, a fracture of nasal bone. The said injury was declared to be grievous in nature. Under the circumstances, Section 326 IPC would be clearly attracted to the case. Accordingly, the present petition for pre-arrest bail is devoid of merit and is hereby dismissed. January 18, 2011 (RAJAN GUPTA) Ajay JUDGE