Kuldeep Singh v. State Of Punjab
- 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on : 04.03.2025 Kuldeep Singh . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Sukhpreet Kaur, Advocate for the petitioner(s).
Mr. Amandeep Singh, DAG, Punjab.
**** SANJAY VASHISTH , J. (Oral) 1.
In the present case, on 06.02.2025, following order was passed by this Court:- "1.
Prayer in this petition, filed under Section 482 of the BNSS, 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:- Name & age of Petitioner (s) FIR No.
Date Section(s) Police Station District Kuldeep Singh, aged about 39 years 05.01.2025 126(2), 118(1), 115(2), 351, 191(2), 190 of BNS (Section 109 BNS added later on) Samana Patiala 2.
As per the allegations, one of the injury attributed to the petitioner, is with a kirch, with which he gave a blow below the heart on the left side of the complainant.
Counsel for the petitioner submits that there is no such injury, and therefore, prays for grant of concession of anticipatory bail to the petitioner in the present case.
4.
Notice of motion.
5.
On advance notice, Mr. Amandeep Singh, DAG, Punjab, puts in appearance on behalf of the respondent - State, and seeks some time to respond to the submissions addressed by learned counsel opposite,
- 2 - after seeking instructions and to file status report. 6.
Adjourned to 03.03.2025.
7.
Let the status report be filed, detailing therein the total injuries suffered by the complainant/victim(s), and its nature thereof." 2.
Thereafter, on filing of status report, by learned State counsel, on 03.03.2025, following order was passed:- "1.
Learned State counsel has filed status report dated 02.03.2025, in the Court today and the same is taken on record. Copy thereof has already been supplied to the counsel opposite. 2.
Paragraph Nos.6 and 7 of the said status report says as under:- "6.
That efforts have been made by the investigating officer to obtain the medical opinion qua the nature of injuries sustained by the complainant. Therefore, upon the letter moved to SMO, Civil Hospital, Samana on 20.02.2025, a Medical Board comprising of three doctors had been constituted and on 27.02.2025, following opinion has been given by the board of doctors:- "27/2/25.
After going through MLR/SK/4/SMN2/1/2025 of Amit Kumar, Bed head ticket with CR No.10111, DOA 2/1/25 and DOD 15/1/25 and LECT Abdomen done by Dr. Humiank Gupta on 4.2.25 showing pneumoperitoneum, moderate hemoperitoneum with peritoneal brach with 2 x 1 cm perforation found over transverse colon near splenic flexure. Clearance of perforation was done under 2 layers. After going through all these wounds, we are of opinion that Injury No.1-could be Dangerous to life in absence of surgical intervention." Owing to the above said medical opinion, the above said injury has been found to be dangerous to life.
7.
That as per the medical record, the injury with sharp weapon has been caused to the complainant i.e.
SPINDLE SHAPED INCISION WOUND SEEN ON THE LEFT LATERAL ASPECT OF THE ABDOMEN WITH FRESH BLEEDING, size 2x1, depth to the certained by the surgeon, wound in 2 of clock in position from umbilicus, 27 cm away from it. Adv x ray, USG, Surgeon opinion.
This injury is on the vital part of the complainant and as per medical opinion, it could be dangerous to life."
3.
Counsel for the petitioner seeks an adjournment to go through the status report.
- 3 - 4.
On request, adjourned to 04.03.2025.
5.
To be shown in the urgent list."
3.
Noticing the injuries described in paragraphs 6 and 7 of the status report, which have been reproduced here-above, I do not find the request for anticipatory bail to be genuine. Therefore, present petition stands dismissed.
(SANJAY VASHISTH) JUDGE March 04, 2025 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No