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2019 Supreme(P&H) 1733

RAJBIR SEHRAWAT
Major Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Jitender Singh Dadwal, Advocate for the Appellant; Mr. P.S.Walia, AAG, Punjab, Mr. Sanjeev Kumar, Advocate for the complainant.

JUDGMENT

Rajbir Sehrawat, J. (Oral) - CRM-10476-2019

2. Application is allowed. The documents as Annexures P-4 and P-5 are taken on record.

CRM-M-29340-2018

3. Prayer in this petition filed under Section 439 of Cr.P.C. is for grant of bail pending trial in case FIR No.0067 dated 04.11.2017 under Sections 307, 323, 324, 506, 382, 148, 149 of IPC (Sections 326 and 379-B added later on), registered at Police Station Mattewal, Amritsar.

4. Learned counsel for the petitioner contends that the case against the petitioner is based upon the story concocted by the complainant. Even as per the case of the complainant, the only injury attributed to the petitioner is on non-vital part, i.e. on the left hand. None of the injury caused to the complainant has been declared to be dangerous to life. Therefore, Section 307 of IPC is not even attracted in this case. The petitioner is in custody since 28.04.2018. The trial has already started and the petitioner is not required for any investigation purposes. The complainant himself has been delaying the evidence and he could be examined only after the order passed by this Court. It is also submitted that there is no other case against the petitioner. T

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