Causing grievous injury is not necessary to attract Section 307 of IPC, and intent can be inferred from the nature of the weapon used and the severity of the blows inflicted.

JUDGMENT :

(Rakesh Kainthla, J.)

The petitioner has filed the present petition for seeking the pre-arrest bail. It has been asserted that FIR No. 188 of 2023, dated 22.10.2023 was registered against the petitioner at Police Station, Ghumarwin for the commission of offences punishable under Sections 323, 504 and 506 read with Section 34 of IPC, which was converted into Sections 325, 307 and 109 of IPC. It is asserted that the petitioner is working as a driver in the office of Deputy Commissioner, Taxation and Excise, Bilaspur. His father filed a civil suit for permanent prohibitory injunction against the informant in 2018 which was decided in favour of the petitioner’s father on 20.6.2022. The informant was restrained from changing nature, cutting the trees or causing any kind of interference with the land in dispute. Possession of land was handed over to the petitioner in the presence of Police officials, Gram Panchayat Pradhan, Up-Pradhan etc. The informant used to pick up quarrels repeatedly with the petitioner. The petitioner’s father and his wife were fencing the land on 22.10.2023. The informant and his family members came to the spot and restrained them. They abused the petitioner and pelted stones at them. FIR was lodged against the informant and his family members. The petitioner was not present on the spot but he was wrongly mentioned in the FIR. The custodial interrogation is not required. The petitioner is a Government servant and there is no chance of his absconding. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

2. The respondent-State filed a status report asserting that the informant Safiq Mohammad was working in the courtyard of his house on 22.10.2023 at 8.30-9.00 AM. His brother Aslam and sister-in-law Parveen were also present near the house. Noor Deen, petitioner and petitioner’s son came to the field. Noor Deen told them to bring a stick and give beatings to Aslam and Parveen. Nadeem and the petitioner brought an iron rod used for removing the nails. They gave beatings to Aslam and Parveen, who sustained injuries. The police registered the FIR and conducted the investigation. The police seized the clothes. As per the medical evidence, the nature of the injury was grievous (hemorrhagic contusion) and could be fatal. Hence, the offences punishable under Sections 325, 307 and 109 were added. Noor Deen produced two iron rods which were seized by the police. The petitioner had also filed a complaint against the informant party. FIR No. 190 of 2023 was registered which is being investigated. The custodial interrogation is required. Hence, it was prayed that the present petition be dismissed.

3. I have heard Ms. Veena Sharma, learned Counsel for the petitioner, and Ms. Avni Kochhar learned Deputy Advocate General for respondent-State.

4. Ms Veena Sharma, learned counsel for the petitioner submitted that as per the MLC, the nature of injuries was stated to be simple, however, they were changed to grievous. This shows that the prosecution has tampered with the evidence. The petitioner is a Government servant and he is not likely to abscond. Therefore, she prayed that the present petition be dismissed.

5. Ms. Avni Kochhar, learned Deputy Advocate General submitted that the petitioner had used an iron bar to cause hurt to the victim’s head. The Medical Officer had found the injury to be grievous, which could have been fatal. Therefore, she prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions at the bar and have gone through the record carefully.

7. It was laid down by the Hon’ble Supreme Court in P. Chidambaram vs. Directorate of Enforcement 2019 (9) SCC 24 that the power of pre-arrest is extraordinary and should be exercised sparingly. It was observed:

“67. Ordinarily, arrest is a part of the procedure of the investigation to secure not only the presence of the accused but several other purposes. Power under Section 438