Criminal Misc.M No.29517 of 2011 (O&M) --1-- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.M No.29517 of 2011 (O&M) Date of decision: 17.10.2011 Shiv Kumar .... Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. Gurmeet Singh, Advocate, for the petitioner. Mr. K.S. Pannu, DAG, Punjab. Mr. J.B.S. Gill, Advocate for the complainant. ---- Rajesh Bindal, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner herein, who has been summoned to face trial, on an application filed by the prosecution under Section 319 Cr.P.C. Learned counsel for the petitioner submitted that the petitioner was not named in the FIR which was got registered by the sister of injured-Rajinder Parshad, 15 days after the date of incident. Although total 9 persons were arrayed as accused having allegedly caused injuries to Rajinder Parshad yet his Medico Legal report shows that there were only 7 injuries on his person. Even as per the supplementary statement, the petitioner was attributed injury on the ankle of the right leg of the injured for which he has been summoned to face trial. On the other hand, learned counsels for the State as well as the complainant submitted that as injured-Rajinder Parshad was not fit to make a statement, his statement was recorded 15 days after the date of occurrence. He could identify all the accused but his sister was not Criminal Misc.M No.29517 of 2011 (O&M) --2-- knowing all of them. The injured remained in hospital for a period of about two weeks, hence, the petitioner does not deserve the concession of pre- arrest bail. After hearing learned counsel for the parties and considering the fact that initially the petitioner was named in the supplementary statement by the injured and later on, he was found to be innocent during investigation, now he has been summoned to face trial on an application filed by the prosecution under Section 319 Cr.P.C; the injury attributed being on the ankle of the right leg of the injured being not grievous, in my opinion, the petitioner is not required to be taken into custody at this stage. He is directed to appear before the Court below within 10 days from today and furnish his bail bonds. The petition stands disposed of. (RAJESH BINDAL) JUDGE 17.10.2011 sonika