IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M- 4079 of 2009 Date of Decision:- 27.5.2009 Suraj Mal and another .... Petitioners. Versus State of Haryana .... Respondent. Crl. Misc. No. M- 11471 of 2009 Dalbir .... Petitioner Versus State of Haryana .... Respondent. Present:- Mr.Sarfraj Hussain, Advocate for the petitioners. (in Crl. Misc. No. M- 4079 of 2009) Mr. Shailender Kashyap, Advocate, for the petitioner (in Crl. Misc. No. M- 11471 of 2009) Mr. Rattan Brar, AAG, Haryana. Mr. R.A.Sheoran, Advocate, for the complainant. M.M.S.BEDI. (J) (Oral) This order will dispose of two application for bail pending trial one filed by Suraj Mal and another bearing No. Crl. Misc. No. M- 4079 of 2009 and another filed by Dalbir bearing No. Crl. Misc. No. M- 11471 of 2009 in a case registered at the instance of Shamsher Singh alleging that on 15.1.2008 when he along with Satish, and Jai Parkash was going on their tractors Om Parkash, Mahabir, Rambir, Raj Kumar, both the petitioners along with Anil, Jai Parkash, Rakesh, Ramesh, Dalbir attacked them with Kulhari, lathi and jelly and gave many injury on the person of above sai three persons. Alarm being raised Ranbir and his elder brother Ram Avtar came at the spot. Then all the accused escaped towards Bus Stand. Ragubir, Satish and Jai Parkash were taken towards houses of complainant Crl. Misc. No. M- 4079 of 2009 -2- an Baljeet was taken complainant to the medical store at Bus Stand for first aid, where all the above said accused persons arrived with their respective weapons and caused injuries with the lathies and jellies to Shamsher Singh. Even owner of the medical store and Baljeet , who were giving first aid were also attacked. Injured were admitted in the Civil Hospital, Bhiwani by Suresh and Raghubir. Satish, Jai Parkash and Rohtash were referred to PGI. Learned counsel for the petitioner has contended that Suraj Mal has not been attributed any injury on the person of deceased or any other person, though he was allegedly present on spot. It is a case of cross version under Section 107 IPC. So far as Surender is concerned he has also to have inflicted a lathi blow on the forehead of the deceased Shamsher. It has been argued by Mr. Bedi appearing for Surinder Singh – petitioner that as per the post mortum report of Shamsher Singh, there is no injury on the forehead. So far as petitioner Dalbir is concerned, he is alleged to have given a lathi blow on the foot of Shamsher, which injury has not been resulted in the death of Shamsher. Learned counsel for Dalbir and Surender contended that co- accused of the petitioners Ramesh has been granted the concession of bail by this Court. Reliance has been placed on the order passed in Kuldeep Vs. State of Haryana (Crl. Misc. No. 28938 of 2008) and Mahavir and Ors. Vs. State of Haryana (Crl. Misc. No. 30934 of 2008). It is contended that statement of PW-Baljeet recorded by the police shows that the injury attributed to Surender is not clearly depicted in the medical evidence. Crl. Misc. No. M- 4079 of 2009 -3- After hearing learned counsel for the petitioners and going through the police record, I am of the opinion that there are allegations against Surender and Dalbir of having inflicted lathi blow on person of Shamsher, but so far as Suraj Mal is concerned, there is no specific injury attributed to him. Petitioners Surender and Dalbir are not entitled to the relief on the basis of parity. But so far as Suraj Mal is concerned he is not attributed any injury though he was allegedly a member of the unlawful assembly. Petition of Suraj Mal is allowed. He is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial Court. However, applications for bail pending trial filed by Surender and Dalbir are dismissed as it will not be appropriate at this stage, to express any opinion regarding varience of medical evidence and the ocular evidence, which has been or to be produced before the trial Court. Petitions are accordingly disposed of. May 27, 2009 (M.M.S.Bedi) tripti Judge