Crl. Misc. No.M-24880 of 2011 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Crl. Misc. No.M-24880 of 2011 (O&M) Date of Decision: 22.11.2011 Surinder Singh alias Tota ….Petitioner Versus State of Punjab. ….Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI Present: Mr. JBS Gill, Advocate, Advocate for the petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab. Mr. S.S. Hira, Advocate for the complainant. *** M.M.S. BEDI, J. (ORAL) The petitioner seeks concession of regular bail in a case registered at the instance of Sanjiv Kumar. Petitioner is alleged to have given khanda blow on the head of Sunny Kumar resulting in the fracture of frontal bone on the right side. Petitioner is in custody since 15.04.2011. Learned counsel for the petitioner has contended that the injury on the head of Sunny Kumar has been declared to be grievous, on the basis of C.T. Scan Report by a private hospital. Learned counsel for the petitioner has referred to a C.T. Scan Report (Annexure P-2) prepared by Raj C.T. Scan, wherein a fracture on the temporal bone of petitioner on right side has been reflected. Two simple injuries have been received by the father of the petitioner. Learned counsel for the complainant has intervened to contend that the injury attributed to the petitioner on the head has been described as dangerous to life as such he should not be granted concession of bail. - 1- Crl. Misc. No.M-24880 of 2011 (O&M) I have carefully considered the facts and circumstances of the case. As per police file a grievous injury is attributed to the petitioner whereas the similar injury has been received by the petitioner on the head. Both the injuries have been detected by the same C.T. Scan Centre. There has been a delay of 13 days in lodging of first information report, which would be required to explain during trial. Taking into consideration the period of detention suffered by the petitioner, he can be granted concession of bail. Co-accused of the petitioner has already been granted bail. As such, the petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court. 22.11.2011 (M.M.S. Bedi) vcgarg JUDGE - 2- Crl. Misc. No.M-24880 of 2011 (O&M) subject to an additional condition that petitioners will not commit the same offence of which they are accused of and they will not make any attempt to tamper with the evidence. the fact that he has been in judicial custody with effect from 10.06.2009, it is ordered that in case Meena Rani, complainant is not examined within a period of next five months, it will be open to the petitioner to approach this Court for the grant of regular bail. Prosecution is directed to make earnest endeavour to produce Meena Rani in the Court within above Crl. Misc. No.M-14893 of 2010 -2- mentioned period. Disposed of. Taking into facts and circumstances of the case that they are not involved in any other case and coupled with the facts and circumstances of their co- accused having been granted bail, they can be released on bail. The petition is allowed. Petitioners are ordered to be released on bail on their furnishing bail bonds to the satisfaction of the trial Court, subject to an additional condition that petitioners will not commit the same offence of which they are accused of and they will not make any attempt to tamper with the evidence. - 3-