CRM-M-30727 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-30727 of 2009 DATE OF DECISION: 18.11.2009 **** Sarabjit Singh Kahlon . . . . Petitioner VS. State of Punjab through Advocate General . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.H.C. Arora, Advocate for the petitioner. Mr.Ranbir Singh Rawat, AAG, Punjab. Captain Sandeep Bansal, Advocate for the complainant. **** RAKESH KUMAR JAIN J. (ORAL) This is a petition under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for issuing appropriate direction to the Investigating Officer, SHO, Police Station, Lodhewal, Ludhiana, to release the petitioner on bail in the event of his arrest in a case registered vide FIR No.304 dated 16.9.2009 under Sections 324/427 of the Indian Penal Code (for short ‘IPC’), which was enhanced to Section 326 IPC, at Police Station Jodhewal, Ludhiana. As per the allegations contained in the FIR, petitioner had caused injury with ‘Kirch numa Kirpan’ (knife type sword), which resulted into fracture on ‘Ulna’. Learned counsel for the petitioner has argued that petitioner was admitted in hospital on 15.9.2009 and had left against CRM-M-30727 of 2009 - 2 - medical advice on 18.9.2009. He has also submitted that though he was advised to consult Orthopedic specialist yet he did not consult him and nor he got his urine tested. It is further submitted that the injury, which is declared to be a fracture has been reported on 18.9.2009 on the report of Radiologist. In nutshell, it is tried to be projected that medical report is manipulated. On the other hand, learned counsel for the State has argued that the injury was declared a fracture on the basis of report of X-ray by the Radiologist on 16.9.2009. The injured was administered various injections but he did not take any other treatment from the hospital and left. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, in which the petitioner is alleged to have been caused injury resulting into fracture of Ulna, which constitute an offence under Section 326 IPC, I do not find it to be a fit case for grant of anticipatory bail. Hence, the present petition is hereby dismissed. (RAKESH KUMAR JAIN) NOVEMBER 18, 2009 JUDGE Vivek