Judgment:
CRM-M-20873-2012 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20873-2012 (O&M).Decided on: May 6, 2014.
Sunny Chawla ....Petitioner(s) Versus State of Punjab ....Respondent(s) *** CORAM: HON'BLE Mr.JUSTICE M.M.S.BEDI PRESENT Mr.S.K.Gupta, Advocate, for the petitioner.
Mr.C.S.Brar, Addl.
A.G., Punjab.
Mr.Anterpreet Singh, Advocate, for the complainant.
M.M.S.BEDI, J (ORAL).Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Vishal Sharma alleging that the petitioner along with his co-accused had entered the house of the complainant on 24.5.2012 and assaulted the complainant.
So far as the petitioner is concerned, he is alleged to have given a datar blow on the left knee of the complainant whereas the other accused had hit him on his head.
The motive behind the occurrence is stated to be a dispute over a property deal regarding which an FIR has been registered against the petitioner and others by the mother of the complainant alleging that her husband had been abducted by the petitioner and otheRs.Raj Kumar Arora 1 2014.05.16 10:27 I attest to the accuracy and integrity of this document CRM-M-20873-2012 (O&M) I have heard the learned counsel for the petitioner, learned counsel for the complainant as well as the State counsel and gone through the record.
The injury attributed to the petitioner till date is matter of controversy.
The nature of the injury on the person of Vishal Sharma is debatable which is incised wound present obliquely on lower part of the left thigh and contusion just above the upper border of the knee joint.
Margin/edges were sharp cut.
It will be debatable during trial whether bone cut can be considered to be a grievous injury within the meaning of Section 320 IPC.
The petitioner has already joined investigation.
It is not out of place to observe here that on investigation the earlier case registered at the instance of mother of the complainant has been found to be not based on the actual happening.
Besides this, the application for reassessing the nature of the injury No.3 is pending before the Medical Board and the injured had failed to appear before the Medical Board.
In view of above circumstances, the petition is allowed.
Interim order dated 18.7.2012 is hereby made absolute subject to the conditions under Section 438 (2) Cr.P.C.(M.M.S.BEDI) May 6, 2014.
JUDGE rka Raj Kumar Arora 2 2014.05.16 10:27 I attest to the accuracy and integrity of this document