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1996 Supreme(P&H) 1505

M.L.KOUL
Bhola Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. K.S. Chahal, Advocate.
For the Respondent: Mr. A.S. Grewal, AAG (Punjab).

ORDER

M.L. Koul, J. - Reply filed by Mr. Grewal.

Heard learned counsel for the parties.

Bhola Singh petitioner who has been accused of an offence under Sections 308/34 of the Indian Penal Code, registered with Police Station, Phul District Bhatinda under FIR No. 50 dated 5.7.96 for having caused an injury on the forehead of Balvinder Singh, who has since been discharged from the hospital, is seeking bail on various grounds and one of the grounds is that as the disturbance was caused with his water channel which irrigates his fields, as a consequence of that scuffle took place and the above mentioned victim got injured. The case was registered under the said provisions of the Indian Penal Code and the investigation has been completed. The accused has been challaned before a competent court of law. The punishment provided for the said offence is 7 years and no medical record is available on the record of the file produced by the prosecution that the injury sustained by the victim was dangerous or that it could cause his death as well. As no medical evidence is available on the record and the sentence provided for the offence is 7 years, therefore, this court cannot at the moment adjud





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