SHAMSHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner Shamsher seeks regular bail pending trial in a case registered against him for the offence under Section 307 IPC.

(3.) IT may be noticed that Akash Chawla, the injured complainant in the case has been discharged from the hospital. The trial in the case is going on and Dr. Sanjeev Gupta, Medical Officer, Civil Hospital, Panipat has been examined as PW-1. In his deposition, it is inter alia stated that the Police had moved an application (Ex.PB) on 10.5.2008 for obtaining opinion regarding the injuries mentioned in the medico-legal report. The doctor had seen the report of Jaipur Golden Hospital and discharge summary of the said hospital. On the basis of the same the Police had obtained his opinion which was (Ex. PC). It was opined by Dr. Sanjeev Gupta (PW-1) that the injuries were dangerous to life. The effect of the injuries and the deposition of Dr. Sanjeev Gupta (PW- 1), Medical Officer, Civil Hospital, Panipat would more appropriately be considered and gone into after evidence in the case has been concluded. At this stage, it would be premature to comment upon the same. The petitioner is in custody since 16.5.2008. The trial in the case is likely to take time. His custody is not required for the purpose of investigation. Besides, it is not shown to be a pre-meditated occurrence and is said to have taken place at the spur of the moment.