IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-32911 of 2008 Date of decision : 14.05.2009 Raj Karan @ Raja ....Petitioner V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Vikram Chaudhri, Advocate for the petitioner. Mr. N.K. Sanghi, Add. A.G. Haryana. Mr. Deepak Gupta, Advocate for the complainant. RAJAN GUPTA J. (ORAL) Learned counsel for the petitioner submits that petitioner has been attributed an injury by 'Datti' on the left shoulder of the complainant's brother Chander Mohan, the injured. Learned counsel submits that according to the initial impression of the investigating agency which was based on medical opinion of doctors in Guru Nanak Dev Hospital, Amritsar, injury constituting an offence under Section 307 IPC was not made out. Learned counsel submits that two months thereafter i.e 26. 11.2008 a challan was filled against the petitioner in which he was indicted under 307 IPC. According to the counsel, the investigating agency has reached this conclusion on the basis of opinion obtained from a private Nursing Home known as EMC hospital. According to the counsel, the question of injury being of the nature as would constitute an offence under Section 307 IPC is debatable. Learned counsel further emphasizes that the petitioner has been Crl. Misc No. M-32911 of 2008 -2- in custody for the last more than 08 months. He, therefore, prays that petitioner be enlarged on bail pending trial. Mr. Sanghi, Additional Advocate General, Punjab has referred to various documents including challan, medical opinion etc. It is undisputed that petitioner has been charged under Section 307 IPC. Keeping in view the fact that trial is likely to take some time to conclude and the petitioner being a local resident his chances of escaping from the process of law being remote, I am of the considered view that petitioner deserves to be enlarged on bail pending trial. Bail to the satisfaction of Chief Judicial Magistrate, Amritsar. This Court is not expressing any opinion on the merits of the case at the stage of consideration of the bail application. 14.05.2009 (RAJAN GUPTA) Ajay JUDGE