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2002 DIGILAW 953 (PNJ)

Charan Singh v. State Of Punjab

2002-09-19

K.S.GAREWAL

body2002
Judgment K.S.Garewal, J. 1. This order of mine will dispose of two connected bail applications which are Criminal Misc. No. 28610-M of 2002 filed by Charan Singh and Amrik Singh and Criminal Misc. No. 32823-M of 2002 filed by Shabeg Singh. 2. In the occurrence which took place on June 2, 2002 Amrik Singh is alleged to have given a kassia blow with its reverse side on Kulwant Singhs head while Shabeg Singh gave kassia blow on Kulwant Singhs finger. Both the injuries had been declared to be grievous and the petitioners were admitted to bail. Later on the injury inflicted by Amrik Singh was subjected to C.T. scan by a Private Practitioner and the opinion was returned that this injury was dangerous to life. For some unexplained reasons the injury was not examined by any Medical Officer of the Government. Opinion of Private Doctors may not be that reliable as they are always likely to support the party who has sought the opinion. As regards Charan Singh the argument is that he was empty handed and did not inflict any injury. 3. Since the petitioners had been admitted to bail when the offence was under Section 326 I.P.C. there is no reason to deny the bail when the offence has been enhanced to Section 308 IPC. Petitioners deserve to be admitted to bail. They shall be so released on furnishing adequate surety to the satisfaction of the Chief Judicial Magistrate, Moga.