Amritpal v. State Of Punjab

Criminal Misc.No.M-31402 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc.No.M-31402 of 2015 Date of Decision: September 16, 2015 Amritpal

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.Ashok Giri, Advocate, for the petitioner.

Naresh Kumar Sanghi, J.(Oral) Prayer in this petition, filed under Section 438, Cr.P.C., is for grant of anticipatory bail to the petitioner, Amritpal, who has been booked for having committed the offences punishable under Sections 148, 323, 324 and 326 read with Section 149, IPC, in a case arising out of FIR No.65 dated 18.05.2015, registered at Police Station, Kartarpur, District Jalandhar.

Learned counsel contends that there is a six day delay in reporting the matter to the police; the injury attributed to the petitioner is not on vital part of the body of the injured; only single injury has been attributed to the petitioner and he had not repeated the blow; the applicability of Section 149, IPC, would be a moot point during trial; and that the co-accused of the petitioner had also received the injuries in the same SEEMA RANI 2015.09.16 17:02 I attest the accuracy and authencity of the document

Criminal Misc.No.M-31402 of 2015 [2] occurrence.

I have heard learned counsel for the petitioner and gone through the material available on record. As per the prosecution version, the petitioner had caused an injury on the arm of the injured by means of sharp edged weapon though the same was not found to be grievous. The grievous injury has been attributed to the co-accused of the petitioner. Prima-facie applicability of Section 149, IPC, is there. The manner in which the petitioner along with his co-accused had caused as many as five injuries on the person of injured, therefore, the petitioner is not entitled to the concession of the anticipatory bail.

Dismissed.

September 16,2015 (Naresh Kumar Sanghi) seema Judge