Judgment:
CRM-M-20467 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20467 of 2014 Date of decision: 12th June, 2014 Kashmir Singh and anr...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE DR.
BHARAT BHUSHAN PARSOON Present:- Mr.N.S.Dandiwal, Advocate for the petitioneRs.**** Dr.Bharat Bhushan Parsoon, J.(Oral) 1.
This petition has been filed by petitioners Kashmir Singh and Balbir Singh, under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to them in the event of their arrest in case FIR No.97 dated 8.4.2014, under Sections 307, 323, 148 and 149 of IPC, registered at Police Station Dharamkot, District Moga.
2.
Hearing has been provided.
3.
The case, interalia, is under Section 307 IPC.
Merely because there is delay of 4 days in lodging the FIR ipso facto is no ground to release the petitioners on anticipatory bail when the allegations are that Kashmir Singh – petitioner No.1 was having a soti in his hand whereas petitioner No.2 was armed with sword and they had beaten complainant Karamjit Singh causing him multiple injuries on his head and also on other Mohan Brij 2014.06.12 14:22 I attest to the accuracy and integrity of this document Chandigarh CRM-M-20467 of 2014 -2- parts of the body.
CT scan has shown depressed fracture of left frontal bone and there was acute E.D.H.with 8 mm thickness in left frontal region and in addition there was presence of haemorrhagic contusions in left frontal lobe.
Medical opinion is categorical that injuries on the person of the complainant are dangerous to his life.
4.
Reference has been made to order dated 3.6.2014 of this Court whereby concession of pre-arrest bail had been granted to non- applicant/co-accused Dharampreet Singh.
Counsel for the petitioner, however, has conceded that no injury is attributed to Dharampreet Singh, thus no benefit of order dated 3.6.2014 of this Court passed qua Dharampreet Singh becomes available to the petitioners in this case.
5.
In view of direct attribution of injuries to the petitioners including injuries on head of the complainant which have been declared dangerous to life and when custodial interrogation is to be made and weapons are to be recovered, no ground for pre-arrest bail is made out and the instant petition stands dismissed.
June 12th , 2014 (DR.BHARAT BHUSHAN PARSOON) Brij JUDGE Mohan Brij 2014.06.12 14:22 I attest to the accuracy and integrity of this document Chandigarh