Punjab-Haryana High Court
Gulbahar Singh vs State Of Punjab on 17 February, 2011
Author: S.S. Saron
Bench: S.S. Saron
In the High Court of Punjab and Haryana at Chandigarh
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(1) Criminal Misc. No.M-38422 of 2010
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Date of decision:17.2.2011
Gulbahar Singh
.....Petitioner
v.
State of Punjab
.....Respondent
....
(2) Criminal Misc. No.M-38423 of 2010
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Gurwinder Kaur
.....Petitioner
v.
State of Punjab
.....Respondent
....
Present: Mr. Ashok Giri, Advocate for the petitioners.
Mr. M.C. Berry, Additional Advocate General, Punjab for the
respondent-State.
.....
S.S. Saron, J.
Heard learned counsel for the parties.
This order will dispose of Criminal Misc. No.M-38422 of 2010 filed by Gulbahar Singh and Criminal Misc. No.38423 of 2010 filed by Gurwinder Kaur mother of Gulbahar Singh.
The respective petitioners in the two petitions seek pre-arrest bail in a case registered against them for the offences under Sections 323, 324, 326, 148 and 149 IPC.
Cr. Misc. Nos.M-38422 of 2010 etc. [2] The FIR in the case has been registered on the statement of Gagandeep Singh. In the incident that occurred on 31.10.2010 at 8.30 a.m. Gulbahar Singh (petitioner in Criminal Misc. No.M-38422 of 2010) was holding a Gandasi and he is attributed a Gandasi blow on the left side of the head of Davinder Singh. Besides, he is attributed a Gandasi blow on the left ear of Pritam Singh. Gurwinder Kaur (petitioner in Criminal Misc. No.M- 38423 of 2010) is attributed a Datar blow on the wrist of right arm of Pritam Singh. The medical report (Annexure-P.4) attached with Criminal Misc. No.M-38422 of 2010 of Davinder Singh shows that there is an incised wound measuring 1 cm. x 9 cm. obliquely placed on the left parietal region about 5 cm. from outer of left eye. The said wound was bone deep and was subjected to X-ray. The injury has been found to be simple in nature. The medical report (Annexure-P.5) of Pritam Singh shows that injury No.1 is an incised wound 6 cm. x 2 cm. Horizontally placed, bone deep, on the left parietal region. The same was subjected to X-ray and after X-ray examination the Medical Officer in his report (Annexure-P.6) has opined injury No.1 to be simple. The injury attributed to Gurwinder Kaur (petitioner in Criminal Misc. No.M-38423 of 2010) on the wrist of right arm of Pritam Singh has been observed to be grievous in nature. However, the same is on a non-vital part. Besides, Gurwinder Kaur (petitioner in Criminal Misc. No.M-38423 of 2010) herself suffered as many as three injuries in the incident that occurred on 31.10.2010. Her medical report (Annexure-P.1) in Criminal Misc. No.M-38423 of 2010 is on record. She was discharged from the Civil Hospital on 25.11.2010. There is fracture of the left parietal bone of Gurwinder Kaur (petitioner); besides, dislocation of Cr. Misc. Nos.M-38422 of 2010 etc. [3] thumb at first metacorpophological joint. Both the injuries on the person of Gurwinder Kaur were grievous in nature. It may be noticed that no cross- case has been registered by the Police on the complaint of the petitioner side. Gurwinder Kaur was not subjected to C.T. scan and the learned Judicial Magistrate Ist Class, Tarn Taran by an order dated 19.11.2010 (Annexure-P.7) directed the In-charge Medical Officer, Government Hospital, CHC, Mainwind to conduct C.T. scan of Gurwinder Kaur (petitioner).
In consequence of the interim bail granted to Gulbahar Singh on 4.1.2011 and that granted to Gurwinder Kaur also on 4.1.2011 both the petitioners in the respective petitions have joined the investigation.
Learned counsel for the State has submitted that their custody is not required for the purposes of investigation.
In the circumstances, the separate orders passed in the petitions on 4.1.2011 are made absolute.
The criminal miscellaneous petitions stand disposed of. February 17, 2011. (S.S. Saron) Judge *hsp*