Crl. Misc. No. M-16885 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) Crl. Misc. No. M-16885 of 2010 (O&M) Rajesh Kumar @ Raja ...Petitioner Versus State of Punjab ...Respondent (2) Crl. Misc. No. M-17371 of 2010 (O&M) Ashwani Bajaj ...Petitioner Versus State of Punjab ...Respondent (3) Crl. Misc. No. M-23832 of 2010 (O&M) Date of decision: September 7, 2010 Hem Raj Chopra ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Gourave Bhayyia, Advocate, for the petitioners in Crl. Misc. No. M-16885 and 17371 of 2010. Mr. DB Singh, Advocate, for the petitioner in Crl. Misc. No. 23832-2010. Mr. AS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. By this order, Crl. Misc. Nos. M-16885, 17371 and 23832 of 2010 are being decided, which have been filed by Rajesh Kumar @ Raja, Ashwani Bajaj and Hem Raj Chopra-petitioners/accused, respectively, Crl. Misc. No. M-16885 of 2010 2 under Section 439 of the Criminal Procedure Code for grant of regular bail in FIR No. 4 dated 5.1.2010 registered at Police Station Salem Tabri, Ludhiana, under Sections 307, 324, 323, 341, 506, 148 and 149 IPC. This FIR was got registered by Tarsem Lal-complainant/injured. He came out with the version that on 3.1.2010, he was coming back to his house from the side of village Hambra. When, at about 5 p.m., he reached Khazoor chowk, he found that all these petitioners/accused were present at that place. All of them encircled him and at that time, Hemraj Chopra, Raja and Ashwani were holding kirpans in their hands, whereas Mota and Mukshi were holding dandas in their hands. Hem Raj Chopra raised a lalkara, exhorting his co-accused to catch hold of him and not to leave him alive. Then Hem Raj gave a stab blow on his left thigh and the second stab blow was given by him on his right thigh. Raja gave a blow with his kirpan on his head and when he tried to raise his hand to ward off that blow, he received injuries on his right hand and on the right side of his forehead. Then second blow was given by Ashwani on his left leg and after receiving that blow he fell down with face downward. While he was lying on the ground, that accused again gave blow with his kirpan on his left buttock. Thereafter, all the accused escaped from the spot with their respective weapons. When medico legally examined, six injuries were found on his person. The injuries, which have been attributed to Rajesh Kumar @ Raja and Ashwani Bajaj were found to be simple. However, the injuries attributed to Hem Raj Chopra were declared as dangerous to life. Though the injuries attributed to Hem Raj Chopra were described as dangerous to life but the fact remains that those were caused on the left and right thighs, which are not vital part of the body. The Crl. Misc. No. M-16885 of 2010 3 petitioners/accused are coming in the custody since 6.3.2010. The conclusion of the trial will take long time. Keeping in view of the above facts and without expressing any opinion on the merits of the case, the petitioners/accused are ordered to be released on bail to the satisfaction of the trial court/Duty Magistrate, Ludhiana, subject to the following conditions:- (i) They shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and (ii) They shall not leave the limits of this country without prior permission of the Court. September 7, 2010 (GURDEV SINGH ) prem JUDGE