Ravail Singh v. State Of Punjab

Criminal Misc.No.M-3785 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc.No.M-3785 of 2015 Date of Decision: February 06, 2015 Ravail Singh

...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 is for grant of anticipatory bail to the petitioner, Ravail Singh, who has been booked for having committed the offences punishable under Sections 148, 323, 324, 325 and 326 read with Section 149, IPC, in a case arising out of FIR No.148, dated 23.11.2014, registered at Police Station, Verowal, District Tarn Taran.

Learned counsel contends that it is a case of version and cross-version between two real brothers; the petitioner had also received an injury attracting the mischief of Section 326, IPC, the motive for the quarrel was the landed property left by the father of the petitioner and that of the injured-informant; the brother, who had caused grievous injuries to the injured, has already been granted the concession of anticipatory bail; and there was delay of approximately 8 days in reporting the matter to the police. It has also been contended that the petitioner SEEMA RANI 2015.02.06 17:29 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc.No.M-3785 of 2015 [2] remained admitted in the hospital for approximately seven days. I have heard counsel for the learned counsel for the petitioner and with his able assistance gone through the material available on record.

It is well established on record that the petitioner had caused injuries by means of sharp-edged weapon attracting the mischief of Section 326, IPC, on the person of Tarlok Singh. The delay in lodging the report would not matter in this case because the petitioner himself is admitting that it is a case of version and cross-version and the petitioner had received an injury in the same occurrence. The brother of the petitioner, who has been granted the concession of anticipatory bail, was attributed an injury attracting the mischief of Section 325, IPC, only. Which party is aggressor is to be proved during the course of trial. The fact remains that the petitioner has been attributed the injury attracting the mischief of Section 326, IPC, which is punishable up to imprisonment for life.

No grounds for grant of anticipatory bail to the petitioner are made out.

Dismissed.

Whatever has been observed hereinabove are for the limited purpose for deciding the present petition only. February 06, 2015 (Naresh Kumar Sanghi) seema Judge SEEMA RANI 2015.02.06 17:29 I attest to the accuracy and authenticity of this document Chandigarh