Balvir Singh vs State of Punjab

S.S. Saron, J.—Heard counsel for the parties.

The Petitioner-Balvir Singh @ Bagga seeks pre-arrest bail in a case registered against him for the offences under Sections 307, 326, 323, 324 and 34 IPC at Police Station Maur, District Bathinda.

The FIR in the case has been registered on the statement of Baljinder Singh. It is alleged that on 26.12.2009 at about 8.30 p.m., the complainant Baljinder Singh heard a noise in the street and he came out after opening the gate of the house. In the street, he saw Balvir Singh @ Bagga had a gandasa in his hand, his son Mantoo had a rod, Bagga Singh had a kassi and Monu, who is brother-in-law of Jaswant Singh had a dang. On seeing the complainant; Balvir Singh, Petitioner raised a lalkara and said "come and have taste of coming out" and gave a gandasa blow on his head. The others also caused injuries. The complainant-Baljinder Singh was admitted in the Civil Hospital, Bathinda on 26.12.2009. His medical examination was conducted and two injuries i.e. 12 cm x 1 cm incised wounds i.e. on the right side of his head with underlined bone fracture and black eye on his right eye were observed. After X-ray examination both the injuries were opined to be grievous and dangerous to life. It may, however, be noticed that the complainant-Baljinder Singh on his own went away and left the hospital on 29.12.2009. It is submitted that thereafter no further medical investigations were carried out. It is also submitted that the parties have since compromised the matter and the Deputy Superintendent of Police, Talwandi Sabo, in his report prepared on 07.05.2010 (Annexure P-2) has observed that the complainant-Baljinder Singh had made a statement that he does not want that any action to be taken in this case and whenever the accused would ask he would make a statement. The injuries, which are dangerous to life are such which may even fall within the category of grievous injuries in terms of Clause Eighthly to Section 320 Code of Criminal Procedure Besides, the Petitioner on his own left the hospital after 3 days of his admission. The parties have also compromised the matter.

In the circumstances, the Petitioner, in the event of his arrest, shall be admitted to interim bail on his furnishing personal bond and surety to the satisfaction of Arresting/Investigating Officer. The Petitioner shall join investigation as and when called and shall abide by the conditions of Section 438(2) Code of Criminal Procedure

The criminal miscellaneous petition is accordingly disposed of.