Criminal Misc. No. M-24552 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-24552 of 2009 (O&M) Date of decision: 10.11.2009 Som Nath @ Soma .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Arun Takhi, Advocate for the petitioner. Mr. A. S. Brar, Senior Deputy Advocate General, Punjab. .. Rajesh Bindal J. Prayer in the petition is for grant of anticipatory bail to the petitioner in FIR No. 289 dated 16.12.2008, registered under Sections 323, 324, 326, 452, 34 IPC, Police Station, Sadar Hoshiarpur. Learned counsel for the petitioner submitted that the petitioner and other family members have been falsely implicated in the case. In fact, the incident occurred on 8.12.2008. When the nephew of the petitioner had gone to the residence of the complainant to take the money for the job of computer printing carried out by him, he was beaten up. Complaint was made to the police. However, no action was taken. For a false fabricated incident of the next day, i.e., 9.12.2008, FIR was registered on 16.12.2008 against the petitioner, whereas the injury on the person of the complainant was not serious, as it was merely on the wrist of the left arm. The conduct of the police is evident from the fact that though on the complaint of the nephew of the petitioner, FIR was registered only on 27.12.2008, whereas the FIR in the present case on the basis of the complaint of the accused in the complaint made by the nephew of the petitioner, was registered on 16.12.2008, though the same was later in time. It was also pointed out that though the complainant in the present FIR was fit to make statement, she did not do so stating that the matter was in the process of being compromised. He further submitted that falseness of the complaint is proved from the fact that admittedly the incident happened in the street, but still offence under Section 452 IPC was also added so Criminal Misc. No. M-24552 of 2009 [2] as to make it non-bailable, as the injury was simple. On the other hand, learned counsel for the State submitted that considering the fact that the complainant in the present case suffered serious injury and the attack was on a lady, no case for grant of anticipatory bail is made out. Heard learned counsel for the parties and perused the paper book. Considering the fact that for the alleged incident on 9.12.2008, FIR was registered on 16.12.2008, when admittedly during the period, the parties were trying to compromise the matter and further the injury is only on the wrist of the left arm and there is another FIR registered on the basis of the complaint of the nephew of the petitioner for the alleged incident, which happened on 8.12.2008, though registered on 27.12.2008, in my opinion, as the petitioner has already joined the investigation, the interim bail granted to him on 18.9.2009 deserves to be made absolute. Ordered accordingly. The petition stands disposed of. (Rajesh Bindal) Judge 10.11.2009 mk