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2020 Supreme(P&H) 1791

NIRMALJIT KAUR
Shrikant – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Ashit Malik, Advocate, for the Appellant; Ms. Tanushree Gupta, DAG, Punjab., for the Respondent

JUDGMENT

Nirmaljit Kaur, J. (Oral). - CRM-19609-2020

1. Learned counsel for the petitioner has placed on record certificates Annexures P-4 and P-5 issued by Amar Hospital, Patiala are taken on record.

CRM disposed of.

Main case

2. The prayer in the present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.90 dated 14.4.2020 under Sections 148, 149, 323, 325, 307 and 506 IPC, registered at Police Station, Kalayat, District Kaithal.

3. As per the allegations, the present petitioner inflicted a gandasi blow on the head of Vijender.

4. Learned counsel for the petitioner while praying for bail submitted that it is a cross case. The injury attributed to the petitioner falls under Section 325 IPC as it is a blunt injury whereas the weapon stated to have been used is gandasi and, therefore, the said injury does not support the ocular evidence.

5. The case being under Section 307 IPC as also taking note of the role attributed to the petitioner, this Court may not have in normal circumstances granted anticipatory bail but for the following facts: -

6. Admittedly a cross case has been registered. The opposite side is stated to be armed

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