IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-29212 of 2009 Date of decision : November 10, 2009 Sunil ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. JP Dhull, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Sunil has filed this petition for anticipatory bail in case FIR No. 228 dated 14.11.2007 under sections 148, 149, 323, 307, 302 IPC, Police Station Kundli, District Sonepat. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, petitioner's co-accused Rajender infliced axe blow on the head of Ombir Singh deceased husband of complainant Sunita. Then at the asking of Rajender, the present petitioner and other three co-accused Rajbir, Raj and Anil brought jellies and lathis and started causing injuries with said weapons to the deceased. On investigation, the petitioner was found innocent but has now since been summoned as additional accused under section 319 Code of Criminal Procedure. Criminal Misc. No. M-29212 of 2009 -2- Learned counsel for the petitioner contended that according to FIR, petitioner and his other three co-accused who brought lathies and jellies at the asking of Rajender caused injuries with the said weapons to the deceased but in the witness box the complainant has given a different version. It has been stated by her that her father-in-law Udhey Singh was also present although presence of Udhey Singh was not mentioned in the FIR. Sunita also stated in the witness box that Rajender armed with axe, Raj Kumar armed with Jelli, Rajbir, Anil Sunil and Chander armed with dandas were already present. She also stated that Rajender infliced axe blow on the head of the deceased on rear side whereas one of the co-accused inflicted lathi blow on the feet of Udhey Singh. It is contended that in the witness box Sunita did not state as to who has caused injury on the feet of Udhey Singh. She also did not state that except Rajender, any other accused gave injury to the deceased. She also did not name the accused who inflicted lathi blow on the feet of Udhey Singh. Injury attributed to the petitioner has been found to be simple. In view of the aforesaid but without commenting anything on merits, the instant petition is allowed. If the petitioner appears in the trial court on or before 14.11.2009, the date said to be fixed there, the petitioner shall be released on bail on furnishing bail bonds to the satisfaction of the trial court. ( L.N. Mittal ) November 10, 2009 Judge 'dalbir'