CRM.M 30318 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. CRM.M 30318 of 2009 Decided on 27.11.2009 Ashish Kapoor -- Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.A.S.Kalra,Advocate,for the petitioner Mrs.Rajni Gupta,Addl.A.G.Punjab,for the respondent. 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 anticipatory bail in case FIR No.67 dated 26.08.2009 registered under Sections 326,324,323,34 IPC, at Police Station Division No.1 Pathankot, District Gurdaspur. Learned counsel for the petitioner submits that the allegation against the petitioner is of causing grievous injury to the complainant which resulted into fracture. Learned counsel further submits that the petitioner has also suffered injuries in the occurrence dated 26.8.2009. The alleged injury attributed to the petitioner is on palm of the complainant. On the other hand, learned State counsel submits that the allegations against the petitioner are categoric of causing an injury with CRM.M 30318 of 2009 2 a datar (sharp edged weapon) on the head of the complainant who suffered the fracture of his palm as per report dated 26.8.2009 in the process of saving his head. This injury constitutes an offences under Section 326 IPC. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case in which the petitioner has been attributed grievous injury which resulted into fracture, I do not find it to be a fit case for grant of anticipatory bail. Hence, the bail petition is hereby dismissed. Nothing observed herein shall, however, be taken as an expression of opinion on the merits of the case. Nov 27,2009 (Rakesh Kumar Jain) RR Judge