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2012 DIGILAW 836 (PNJ)

Rakesh Kumar v. State of Punjab

2012-07-03

MEHINDER SINGH SULLAR

body2012
JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Petitioner Rakesh Kumar son of Laxman Dass has directed the instant application for the grant of regular bail, in a case registered against him, by means of FIR No.206 dated 20.11.2011, on accusation of having committed the offences punishable under sections 307 and 324 IPC by the police of Police Station City Gurdaspur, invoking the provisions of section 439 Cr.PC. 2. The crux of the prosecution case is that on 19.11.2011 at about 3.30 AM, as soon as, complainant Ajay Sharma son of Hari Chand was studying in the street outside his house, in the meantime, the petitioner-accused came there from back side and raised a lalkara that let he be taught a lesson for prohibiting to pass through the site of Jagrata. According to the prosecution that he gave five blows with iron screw mover (Paichcuss) on his back side. Then, he gave 6th blow with the same iron screw mover on left side of his chest. He raised noise, which attracted his wife Sharda and PW Parshotam Sharma. Thereafter, the accused fled away from the spot with his iron screw mover. In the background of these allegations and in the wake of statement of the complainant, the present case was registered against the petitioner in the manner indicated here-in-above. 3. Notice of the application was issued to the State. 4. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present application for regular bail deserves to be accepted in this respect. 5. What cannot possibly be disputed is that initially, the present case was registered against the petitioner under section 324 IPC. He was arrested and released on bail. After obtaining the opinion from the doctor of Ohri Hospital, after about one month of the occurrence, an offence under section 307 IPC was subsequently added. The opinion is as vague as anything and is only to the effect that injuries No.1 to 5 collectively were declared dangerous to life. How, in what manner and what is the basis of declaring these injuries collectively as dangerous to life are totally lacking in this case. Even if the opinion of dangerous to life amounts to endangering life, which squarely falls within the ambit of clause Eighthly of section 320 punishable under section 326 IPC. How, in what manner and what is the basis of declaring these injuries collectively as dangerous to life are totally lacking in this case. Even if the opinion of dangerous to life amounts to endangering life, which squarely falls within the ambit of clause Eighthly of section 320 punishable under section 326 IPC. Under these circumstances, whether the provisions of section 307 IPC are attracted or not would be the moot point to be decided during the course of trial by the trial Court. The petitioner was arrested on 13.2.2012. Since then he is in judicial custody. The conclusion of trial will naturally take a long time. There is no history of previous involvement of petitioner in any other criminal case. 6. In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the main case, the instant application is hereby accepted. The petitioner is directed to be released on regular bail on his furnishing adequate bail and surety bonds to the satisfaction of trial Court. 7. Needless to mention that nothing observed, here-in-above, would reflect, in any manner, on merits during the trial of the main case, as the same has been so recorded for a limited purpose of deciding the present application in this relevant connection. ---------0.B.S.0------------