IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-15547 of 2009 Date of decision : August 04, 2009 Abdul and others ....Petitioners versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. RS Rai, Senior Advocate with Mr. Karan Pathak, Advocate, for the petitioners Mr. Sidharth Sarup, AAG, Haryana L.N. Mittal, J. (Oral) Abdul, Akhtar and Majid have filed this petition for bail in case FIR No. 368 dated 21.11.2008, under sections 302, 323, 324, 148, 149 IPC, Police Station Punhana, District Mewat (Nuh). I have heard learned counsel for the parties and perused the case file. According to the prosecution version, 24 persons including the petitioners were the assailants. Petitioner Nos. 1 and 2 inflicted one pharsa blow each on the head of Budhu complainant whereas petitioner no. 3 inflicted pharsa blow on his right hand. All the assailants are also said to have beaten Ayyub since deceased and Faruk. After investigation, the three petitioners and three more persons only have been challaned by the police. Criminal Misc. No. M-15547 of 2009 -2- Learned counsel for the petitioners contended that petitioner Nos. 1 and 2 suffered 6 and 4 injuries respectively in the same occurrence and the FIR was lodged by petitioner no. 1 and counter version of complainant Budhu came thereafter. It is also contended that fatal injury is not attributed to the petitioners. Learned State counsel on the other hand contended that Faruk PW stated during investigation that Abdul inflicted thrust blow of lathi to the deceased. As per MLR, the deceased complained of pain in the chest. There are general allegations that all the assailants had beaten the deceased but on post mortem, only one fatal injury was found on the head. As per MLR, there was also bleeding from the nose. Budhu complainant who was inflicted injuries by the petitioners suffered only simple injuries. Keeping in view all the circumstances but without meaning to express any opinion on the merits, the instant bail petition qua petitioner no. 1 is dismissed whereas the instant petition qua petitioner Nos. 2 and 3 is allowed. Petitioner Nos. 2 and 3 shall be released on bail on furnishing bail bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Mewat at Nuh. ( L.N. Mittal ) August 04, 2009 Judge 'dalbir'