CRM-M-17981 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-17981 of 2011 (O&M) Date of Decision:11.08.2011 Tirath Singh . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Prateek Pandit, Advocate, for the petitioner. Mr.A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for pre-arrest bail in a case registered vide FIR No.185 dated 03.08.2010 under Sections 341, 323, 324 & 326 of the Indian Penal Code,1860 (for short ‘IPC’) at Police Station Maqsudan, District Jalandhar. The allegation in the FIR is that three injuries have been suffered by Baljit Singh out of which injury No.1 and 2 are simple and injury No.3 is grievous. Learned counsel for the petitioner submits that Baljit Singh was examined on 29.8.2010 at 12.18 AM and at that time injury No.3 was found as: “Incise wound of 2 x 0.3 cm on the wrist of right hand and 2 cm below the left arm near elbow. Adviced Xray” On the same day, the Doctor has given the following opinion “injury No.3, kept under observation, as per Xray is hereby declared grievous in nature”. CRM-M-17981 of 2011 (O&M) - 2 - Learned counsel for the petitioner has submitted that the aforesaid injury does not fall in any of the clause of Section 320 of the IPC as there is neither any permanent privation nor any fracture or dislocation of bone or tooth. The doctor has also not observed that injury No.3 has caused severe bodily pain within the span of 20 days because of which the injured could not pursue his ordinary pursuits. It is submitted that the said injury could have been inflicted by a friendly hand. He further submits that the petitioner has joined the investigation. Learned counsel for the State, on instructions received from SI Kewal Kishore, accepts the statement made by learned counsel for the petitioner qua joining and also submits that the petitioner is not required for further investigation. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, order dated 03.06.2011 is hereby made absolute subject to the conditions contained therein. Petition is disposed of. (RAKESH KUMAR JAIN) AUGUST 11, 2011 JUDGE Vivek