Sanjeev v. State Of U.T. Chandgiarh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: April 24, 2023 SANJEEV ........ Petitioner

Versus

STATE OF U.T. CHANDGIARH ........ Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Ishan Sharma, Advocate for petitioner.

Mr. A.M. Punchhi, P.P. for U.T. Chandigarh.

**** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 438 CrPC, prayer has been made for grant of anticipatory bail in FIR No.157 dated 31.10.2022 under Sections 324, 341, 506, 34 and 326(added later) at Police Station South Sector-34, Chandigarh. 2.

As per allegations levelled against petitioner, he along with his friends gave multiple injuries to the victim on the fateful day while he was standing in the vicinity of his residence. 3.

Learned counsel for petitioner submits that the petitioner was granted concession of interim bail by the Court below vide order dated 29.11.2022 and he is a young boy, having family to support and being a first offender deserves the concession of anticipatory bail. 4.

On the other hand, prayer made herein has been opposed at the instance of Mr. A.M. Punchhi, P.P. for U.T. Chandigarh while submitting that the petitioner along with his friends gave multiple injuries upon the person of victim and the petitioner was even visible in

-2the CCTV footage at the scene of crime. He also refers to the nature of injuries upon the person of victim.

5.

I have heard learned counsel for parties and have gone through the paper-book. I am unable to find any substance in the submissions made on behalf of petitioner.

6.

In the present case, grievous injuries have been inflicted upon vital part of body of the victim such as scalp, abdomen, spine and so on. The description of injuries as mentioned in the medical report produced by respondent is reproduced hereunder for reference:- Sr no.

Injuries Marked 1.

Lacerated would 5 cm over scalp, tenderness over left Yes occipital region 2.

8 cm laceration on the left lower quadrant of the abdomen Yes 3.

Back and DL Spine-Abrasion mark over upper back Yes continuous 2 cm gap 6-7 no.

4.

8cm lacerated wound over right gluteal region Yes 5.

Lacerated wound of 10*15 cm on the dorsal aspect of left Yes fore arm 6.

Laceration of 10*4 cm on left knee and leg Yes 7.

More than that, even as per order passed by the trial Court, the petitioner is visible in CCTV footage of occurrence in question. As per the information provided by learned counsel appearing for U.T. Chandigarh, the victim remained hospitalized for a

-3period of almost one month in PGI, Chandigarh on account of injuries inflicted upon him.

8.

Accordingly, considering the nature of offence as well as the injuries, besides the weapon of offence which allegedly is sword and the manner in which the offence has been committed, the petitioner does not deserve the concession of anticipatory bail as the same would hamper the progress of investigation. 9.

Dismissed.

24.04.2023 (HARKESH MANUJA) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No