In cases involving grievous injuries and an attempt to commit culpable homicide, the court has the discretion to grant or deny anticipatory bail based on the facts and circumstances of the case, including the nature of the injuries, the role of the accused, and the likelihood of tampering with evidence or influencing witnesses.

M.L.Singhal, J.

1. This is Crl. Misc. No. 3659-M of 1999 whereby Ravinder Singh has prayed for the grant of pre-arrest bail to him in case FIR No. 363 dated 20.10.1998 registered at PS Sadar Patiala under Section 308/324/325/506/34 IPC to which later on offence under Section 308 IPC was added.

2. The prosecution case in brief is that Kiratpal Singh son of Jaswant Singh along with his Children was lighting candles on the walls of his house on 20.10.1998. His father was sitting near the door of the house. In front of the door of his house in the street, Khushi Singh Harjit Singh sons of Kartar Singh, Satinder Singh son of Khushi Singh and Ravinder Singh son of Surjit Singh got together and went towardsthe house of Harjit Singh. After some time, at about 6.30 PM, they all came back. Ravinder Singh was carrying gandasi, Khushi Singh was carrying stick, Harjit Singh was carrying stick, and Satinder Singh was carrying gandasi. Harjit Singh and Satinder Singh raised lalkara in front of House of Kiratpal Singh that they must teach them a lesson. They pulled his father Jaswant Singh and threw him in the street and pulled him again. People collected and they tried to save Jaswant Singh. They did not spare Jaswant Singh and threw him into the water. Ravinder Singh dealt gandasi blow on Jaswant Singh which hit him on his head. Khushi Singh gave stick blow hitting on the teeth of his father. Harjit Singh gave stick blow on the back of his father Jaswant Singh. Satinder Singh gave gandasi blows on the head of Jaswant Singh. Kiratpal Singh rushed to the spot. Dalbir Singh son of Harbans Singh resident of the same village came from the other side on the spot and witnessed the occurrence. They ran away after leaving Jaswant Singh feeling that he was dead. Jaswant Singh was taken to Rajindra Hospital, Patiala for treatment. Office of Sarpanch had been with Jaswant Singhs family for 40 years. In the last panchayat election, Ravinder Singh contested for the office of Sarpanch but was defeated by Jaswant Singh party by overwhelming majority and Jaswant Singh party won. Ravinder Singh party could not digest their defeat and they caused injuries to Jaswant Singh.

3. Learned counsel for the petitioner submitted that in the medico-legal report pertaining to Jaswant Singh, doctor had shown 9 injuries. In the medico-legal report, injury No. 2 was shown as the result of sharp edged weapon and the remaining injuries were shown as the result of blunt weapon. Injuries No. 4, 8 and 9 were simple injuries. Injuries No. 1 and 2 were kept for surgical opinion and injuries No. 1, 2, 3, 5 and 7 were kept for X-ray. Injuries 4, 8 and 9 were opined to be simple injuries. It was submitted that initially case was registered under section 323/324/506/34 IPC. Learned counsel for the petitioner submitted that one head injury alleged to have been given with gandasi has been attributed to two persons i.e. Ravinder Singh and Satinder Singh co-accused. Head injury could not be attributed to Ravinder Singh and Satinder Singh both. It was further submitted that Satinder Singh, to whom head injury has been attributed, was released on anticipatory bail. On the analogy that Satinder Singh has been released on anticipatory bail, petitioner should also be released on anticipatory bail. On 26.10.98, the police filed report in the court of Additional Sessions Judge, Patiala that they had not yet obtained any opinion of the doctor regarding any grievous injury on any part of the body of the injured. Learned Additional Sessions Judge, Patiala declined pre-arrest bail saying that the prayer for pre-arrest bail was not maintainable as any non-bailable offence had been added. He observed that in case any non-bailable offence was added, the accused would be allowed 4 days time so that they could apply for anticipatory bail. Now the police have added offence punishable under section 308 IPC after a lapse of two months and after one month and 20 days of the discharge of the injured.