Satnam Singh Alias Sattu v. State Of Punjab

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 07.02.2025 Satnam Singh alias Sattu . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Gaganvir Singh Gill, Advocate for the petitioner(s).

Mr. Amandeep Singh, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

Prayer in this petition, filed under Section 482 of BNSS, 2023, is for grant of anticipatory bail to the petitioner, who has been booked for having committed the offences punishable under Sections 307 and 120-B of IPC, in a case arising out of FIR No. 0249, dated 06.12.2024, registered at Police Station Sadar Nabha, District Patiala, Punjab (Annexure P-1). 2.

In the present case, on 30.01.2025, following order was passed:- "

Present petition has been filed by the petitioner, seeking grant of anticipatory bail in case bearing FIR No.249, dated 06.12.2024, under Section(s) 307 and 120-B of IPC, registered at Police Station Sadar Nabha, District Patiala. Notice of motion.

On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts an appearance on behalf of the respondent/State. List again on 06.02.2025.

Let status report be filed by learned State counsel, in regard to the medical history from the first day of the petitioner's admission in the hospital."

3.

In response thereto, learned State counsel has filed the status

- 2 - report dated 05.02.2025 by way of affidavit of Mandeep Kaur, PPS, DSP, Sub-Division Nabha, District Patiala on behalf of the respondent - State, in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place.

A copy thereof has been handed over to the counsel for the petitioner.

4.

Learned State counsel refers to paragraph No.11 of the status report, which is also reproduced here-under:- "11.

That during the course of enquiry, medical record of complainant was obtained from Rajindra Hospital, Patiala and as per the same, following injuries came into light:- i.

Abrasion present in perineal region.

ii.

Liver Function Tests were deranged and were increasing. iii.

Air under diaphragm was present.

iv.

Intra operatively pneumo=peritoneum was seen, gut loops were distended with air near recto-sigmoid junction.

v.

peritoneum as well as mesentery was filled with air. vi.

Mesentery leak near recto-sigmoid junction was present. Subsequently, medical opinion qua the injuries was obtained from concerned doctor at Rajindra Hospital Patiala, who opined that the nature of injuries suffered by complainant were dangerous to life. The true copy of the medical opinion is annexed herewith as Annexure R-1 for the kind consideration of this Hon'ble Court." Besides there is medical opinion dated 21.11.2024, also appended with the status report as Annexure R-1. The complete version of the same is also reproduced here-under:- "

Department of Forensic medicine & Toxicology Government Medical College (Rajindra Hospital), Patiala In case of Mandoop Singh g/o Major Singh, 30 year old Male, Resident of Village Sakrali, PP Rohti Pul, PS Sadar Nabha, Diett Patiala. Request and record brought by ASI Ved Parkash 697PTL, Pf. Rohti Pul, PS Sadar Nabha, Patiala.

As per the attested photocopy of clinical record (pages 1 to 74 and 2 Xray films0 of above patient from Rajindra Hospital, Patiala vide CR No. 13205, date of admission 30/01/2024 and date of discharge

- 3 - 06/02/2024. Patient was referred to Rajindra Hospital, Patiala from Civil Hospital, Nabha vide no.588/588, dated 30/01/2024 with alleged history of Perforation Peritonitis for surgery opinion. Patient was admitted in emergency Surgery ward, unit 6 with complaint of pain abdomen and scrotal swelling present. Police information was sent by undersigned to Karnail Singh, ASI, Police Post, Rajindra Hospital, Patiala with the comments that Medicolegal examination refused by the patient. Patient and spouse/ attendants refused any Medicolegal examination as per the bed head ticket. As per the hospital record, on examination Abrasion present in perineal region. Patient gave history of alcohol intake since 15 years (1/4 bottle per day) and smoking. Liver Function Tests were deranged and were increasing. Air under diaphragm was present.

Exploratory laparotomy was done under general anaesthesia, Intra operatively pneumoperitoneum was seen, gut loops were distended with air near rectosigmoid junction. Peritoneum as well as mesentery was filled with air. Mesentery leak near recto-sigmoid junction was present Suturing 30cm proximal to ileo-caecal junction was done and loop ileostomy was made, pelvic drain placed.

Opinion: In view of the above record, the nature of injury was Dangerous to life.

Sd/-21/11/2024 Dr. Gagandeep, Junior Resident Dept. of Forensic medicine GMC & Rajindra Hospital, Patiala."

5.

In this matter, contention of the counsel for the petitioner is that the alleged incident took place on 30.01.2024 and the first complaint was presented by the complainant before the police through representation on 24.02.2024 itself, thus, there is a huge delay in lodging the FIR. 6.

In context to the submission addressed by counsel for the petitioner that the registration of FIR is highly belated and concocted version has been put-forth by the complainant. It is necessary, to observe here that the medical examination of the injured, firstly at the local hospital and thereafter, in Rajindra Hospital, Patiala, was done on the same day i.e. 30.01.2024, the date of alleged incident.

7.

Looking at the medical evidence and opinion of the medical

- 4 - experts, I do not find any substance in granting the extra ordinary relief, which is discretionary in nature i.e. anticipatory bail to the petitioner. Hence, finding no merit, present petition is dismissed. (SANJAY VASHISTH) JUDGE February 07, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No