CRM No. M-18027 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. M-18027 of 2011 (O&M) Date of Decision : 30.09.2011 Gurcharan Singh .......... petitioner Versus State of Punjab ...... Respondent CORAM :HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr. S.S. Rangi, Advocate for the petitioner. Mr. K.S. Pannu, DAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (ORAL) Counsel for the petitioner contends that the petitioner belongs to the Scheduled Caste, therefore, cannot be prosecuted and convicted under the provisions contained under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. His further contention is that in the statement of the Doctor, who had appeared before the Court as PW1, which has been recorded on 3.6.2011, it has been stated that all the injuries on the body of the deceased were simple in nature. Normally weight of the spleen is 75 grams to 150 grams, whereas the spleen of the deceased was 232 grams, which suggests that the same was enlarged. It has further been stated that the cause of death was due to hemorrhage and shock due to spleen rupture and when the spleen is enlarged the same can get ruptured with milder trauma, which could be due to a fall also. That apart he contends that the only one witness has been CRM No. M-18027 of 2011 -2- examined out of 18 cited and the petitioner is in custody since 7.7.2010, the trial is likely to take long time and further incarceration of the petitioner is not called for in the light of the statement of the Doctor. The facts as stated by the counsel for the petitioner, could not be disputed by the counsel for the State. Keeping in view the statement of the Doctor before the Court, which has been referred to above, as also the fact that the petitioner is in custody since 7.7.2010 and out of 18 cited witnesses only one has been examined till date, the trial is not likely to conclude soon, the prayer made in the application is allowed. The petitioner is directed to be released on bail to the satisfaction of the learned trial Court. 30.09.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE