KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) By virtue of the instant petition preferred under section 439 of Code of Criminal Procedure, 1973 petitioner has sought regular bail in case bearing FIR No. 75 dated 28.01.2017 registered under Sections 323, 325, 307, 506, 34 of Indian Penal Code at Police Station Jhajjar, District Jhajjar.

(2.) It is contended that as per opinion of the doctor dated 26.02.2017 (Annexure P-4), although the injuries attributed to the petitioner were declared to be grievous in nature but at the same time, it has been stated 'may be dangerous to life' and as such, there is no definite opinion of the doctor that the same is dangerous to life and as such the same is debatable during trial. It is further contended that the petitioner is in custody since 06.02.2017 and report under Section 173 Cr.P.C., 1973 has already been submitted on 06.03.2017. Nothing is recovered from the petitioner and the custody of the petitioner will not serve any purpose.

(3.) The above-said facts are not disputed by learned State counsel.