KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner, Kuldeep Singh, son of Jasmail Singh, resident of Village Kale Ke, Tehsil Baghapurana, District Moga, who has been booked for having committed the offences punishable under Sections 308, 323 and 452, IPC, in FIR No. 98, dated 30.7.2012, registered at Police Station, Baghapurana, District Moga. The allegation against the petitioner is that on 22.7.2012, at about 7.00 p.m., he caused an injury on the backside of the head of the complainant, Jagjeet Singh, by means of a baseball bat. The alleged occurrence was witnessed by the father of the injured. The injured was admitted in the Civil Hospital at Baghapurana. On 22.7.2012, the doctor who attended the injured sent a memo (Ruqa) to the police with regard to the treatment of the injured.

(2.) Learned counsel for the petitioner submits that according to the prosecution the occurrence had allegedly taken place on 22.7.2012 at about 7.00 p.m., while the matter was reported to the police on 30.7.2012 at 2.15 p.m. He further submits that even the Medico Legal Report of the injured/complainant, Jagjeet Singh, was prepared on 29.7.2012, without any explanation for conducting the MLR at such a belated stage. He further submits that, in fact, the injured had received the injury in some other incident and due to the family dispute, the petitioner has been named in the alleged occurrence. He further submits that whether the misdeed of the petitioner would attract the mischief of Section 308, IPC, would be a moot point during the course of the trial.

(3.) On the other hand, learned counsel for the State has conceded the fact that the FIR was registered on 30.7.2012 at 2.15 p.m. She further conceded that the MLR was prepared on 29.7.2012. She also admitted the fact that the father of the injured/complainant was an alleged eye-witness of the occurrence.