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2007 DIGILAW 1971 (PNJ)

Vijay Kumar v. State Of Punjab

2007-11-13

S.S.SARON

body2007
Judgment S.S.Saron, J. 1. Heard learned counsel for the parties. 2. The petitioner seeks regular bail pending trial for the offences under Sections 302, 323, 148 and 149 IPC. 3. In the FIR that has been registered on the statement of Son Parkash- complainant, the petitioner is alleged to be armed with an axe and is attributed to have given an axe blow on the little finger of the left hand of the complainant Son Parkash. Besides, he is also attributed an axe blow on Nand Lal, the father of the complainant. He is also stated to have attacked the brother of the complainant with the axe which hit on his left hand. 4. Learned counsel for the petitioner has submitted that there is no injury on the person of Nand Lal (deceased) on his left leg as per postmortem. It may be noticed that injuries on the person of the complainant and the brother of the complainant are on non- vital parts. In the occurrence that took place, the petitioner himself is stated to have suffered as many as six injuries. Three of the injuries, it is submitted, were declared grievous and two were received on the head of the petitioner and one on his shoulder. The injury on the head is also stated to be grievous and it was caused by a sharp edged weapon. On account of the said injury an offence under Section 307 IPC has been added which is attributed to the complainant side in the present case. The complainant side, namely, Son Parkash and Tilak Raj have been granted the concession of pre-arrest bail by this Court vide order dated 13.3.2007 and 3.4.2007. The petitioner is in custody since 1.11.2006. The trial in the case is likely to take some time. Out of the 12 witnesses cited by the prosecution only one doctor was examined on 22.10.2007. 5. In the circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Nawanshahar shall be admitted to bail. 6. The criminal miscellaneous petition stands disposed of.