Crl. Misc. No. M-28742 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Misc. No. M-28742 of 2009 Date of Decision : October 21, 2009 Kirpal and others .... Petitioners Vs. State of Haryana .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. P. S. Goraya, Advocate for the petitioners. Mr. Pradeep Virk, DAG, Haryana. * * * L. N. MITTAL, J. (Oral) : Kirpal and four others have filed this petition for anticipatory bail in case FIR No. 156 dated 20.07.2009, under Sections 148, 149, 323, 324, 326, 506 of the Indian Penal Code (in short – IPC), registered at Police Station Chandhat, District Faridabad (presently District Palwal). I have heard learned counsel for the parties and perused the case file. According to the prosecution version, all the five petitioners caused injuries to Sandeep. Learned counsel for the petitioners contended that Sandeep injured is accused in FIR No.154 dated 17.07.2009 for offence of rape because Sandeep was caught red-handed while committing rape upon Crl. Misc. No. M-28742 of 2009 2 Memo. It is contended that petitioners nos.1 and 5 are uncles of said Memo, whereas petitioners nos.3 and 4 are sons of petitioner no.1 i.e. cousin brothers of Memo and petitioner no.2 is real brother of said Memo. On the other hand, learned State counsel, on instructions from HC Rajesh Kumar, contended that in fact, petitioners caused injuries to Sandeep when he was caught red-handed committing rape on Memo. Learned State counsel also contended that injury falling within the ambit of Section 326 IPC is attributed to petitioner no.1, whereas only simple injuries are attributed to the remaining petitioners. In view of the aforesaid, without meaning to express any opinion on merits, the instant petition for anticipatory bail on behalf of petitioner no.1 – Kirpal is dismissed since injury falling under Section 326 IPC is attributed to him and therefore, in my opinion, he does not deserve the concession of anticipatory bail. However, the instant petition qua petitioners no.2 to 5 is allowed. In the event of arrest, petitioners no.2 to 5 shall be released on bail on furnishing bail bonds to the satisfaction of the Arresting Officer, subject to the condition that they shall join investigation as and when required by the police and shall comply with the conditions specified in Section 438 (2) of the Code of Criminal Procedure. Presently, petitioners no.2 to 5 are directed to join investigation on 28.10.2009 at 10:00 A.M. and continue to do so as and when required by the police. The instant order qua petitioners no.2 to 5 shall remain effective till one month after the filing of the charge-sheet by the police or till decision of regular bail application(s) of petitioners no.2 to 5, which ever is earlier. The petition stands disposed of accordingly. October 21, 2009 ( L. N. MITTAL ) monika JUDGE