In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-30747 of 2011(O&M) Date of Decision: November 23, 2011 Rajesh Kumar ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. Naresh Prabhakar, Advocate for the petitioner *** Gurdev Singh, J. Heard. The petitioner, Rajersh Kumar son of Krishan Lal, has filed this petition under Section 439 of the Code of Criminal Procedure for the grant of bail for the offences under Section 323, 324, 325 and 307 IPC in respect of which FIR No. 182 dated 15.7.2011 was registered in Police Station, Division No. 5, Ludhiana. The accusation against him is that he first slapped Rajinder Kumar, complainant/injured, and thereafter beat him with the help of a daang, which resulted in two fractures of his left arm. Thereafter, the daang was snatched from him upon which he picked up scissors and gave injuries on his left temple, right arm and right leg. He did not stop and again picked up daang and started giving blows with the same, which hit the complainant on his arms, back and leg. However, during the Medico Legal Examination of the Crl. Misc. No. M-30747 of 2011(O&M) -2- complainant/injured, only six injuries were found on his person, though it is mentioned that there were multiple abrasions on face. It is improbable that the daang blow will result in multiple abrasions. The injuries were given with the help of a pair of scissors also. Initially, the FIR was registered for the offences under Sections 323, 324 and 325 IPC but subsequently, the offence under Section 307 IPC was added, on the supplementary statement of the complainant, wherein he stated that the injuries were given to him with the intention to cause his death. The intention is to be inferred from the nature of the injuries. During X-ray examination, only fracture of the arm was found and all other injuries were declared as simple. Keeping in view the facts of the present case and without expressing any opinion on the merits of the case, this petition is hereby accepted. The petitioner is ordered to be released on bail to the satisfaction of the Chief Judicial Magistrate, Ludhiana, subject to the following conditions:- (i)He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii)He shall not leave the limits of this country without prior permission of the Court. (GURDEV SINGH) JUDGE November 23, 2011 PARAMJIT