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2013 DIGILAW 1522 (PNJ)

Buta Singh v. State of Punjab

2013-11-21

Ritu Bahri

body2013
JUDGMENT Ms. Ritu Bahri, J.: - This petition under Section 439 Cr.P.C is for grant of regular bail to the petitioner in case F.I.R No.106 dated 10.08.2012, under Sections 341, 323, 506, 148, 149 IPC (Sections 307, 34 IPC added later on), registered at Police Station Julkan, District Patiala. 2. There is a background of litigation between the complainant and the petitioner’s family. They are residents of the same village. On 09.08.2012, a DDR was got registered by the father of the petitioner, alleging that his two fingers have been amputated in the incident, which took place on 08.08.2012. The allegation qua the petitioner is that he had picked up half portion of the brick and threw, which hit the forehead of complainant’s grandmother. The injured grandmother of the complainant was discharged from hospital after two days. The treatment given to her was conservative and she was stable when she was released from the hospital and there was no complication. Moreover, she was not subjected to any surgery. The petitioner is in custody for the last two months. 3. Learned State counsel, on instructions from ASI Harvinder Singh, has informed the Court that offence under Section 307 IPC was added on 08.02.2013, after taking opinion of the doctor from Rajindra Hospital, Patiala, wherein he has opined that the injury on the forehead of the grandmother of complainant was dangerous to life. However, he has not disputed the fact that she was released from the hospital after two days. Heard. 4. Keeping in view the period of incarceration of the petitioner and the fact that trial may still take some time to conclude, this court feels that there is no need to detain the petitioner any longer. Furthermore, the injured, after being discharged from the hospital, has not been given any further treatment. Accordingly, the present petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Patiala. ---------0.B.S.0------------