In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-29011 of 2009 ..... Date of decision:15.1.2010 Tahrir Abbas alias Tahir Abbas .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. R.S. Mamli, Advocate for the petitioner. Mr. Pawan Singh, Assistant Advocate General, Haryana for the respondent-State. Mr. Parminder Singh, Advocate for the complainant ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 302, 148, 149, 323 and 506 IPC registered at Police Station Indri, District Karnal. The FIR in the case has been registered on the statement of Raj Rani. It is alleged by the complainant that she has got 8¾ Killas of land in Japti Chhapra near Dera Sikli Gran. She has a dispute with respect to the said land with Ishtakar and Karam Singh. A civil suit is going on in this regard. On 21.5.2009 at about 8.30 p.m., Raj Rani-complainant got made a telephone call to her son Jasbir Singh from the telephone of her nephew Jaimal Singh that some ladies of Sikli Gran caste were harassing her and they were abusing her. She asked her son to come and get a compromise effected with respect to the land and get her land for her. The son of the Cr. Misc. No.M-29011 of 2009 [2] complainant, namely, Jasbir Singh along with others residents of Nilo Kheri came in a Tata Sumo vehicle and went to Jaimal. They took a tractor on rent and started ploughing the sugar cane field. After some time Karam Singh, Matti Singh, Mundi who is `Samdhi' of Karam Singh as also the wife and daughters of Karam Singh; besides Tahir Abbas (petitioner), Zahir Abbas, Ishtakar residents of Japti Chhapra; as also Jag Singh and Lakhi Singh residents of Dera Sikli Gran came with Lathis, Barchha and Balam along with cans of kerosene oil. On reaching Karam Singh raised a `Lalkara' and said to teach them a lesson for ploughing the field. No one should get away. By saying this, they attacked with their weapons and caused injuries. No role is attributed to the petitioner as regards the occurrence in the FIR. In the statement under Section 161 Cr.P.C. of Jasbir Singh son of the complainant it is alleged that the petitioner gave Lathi blows to him on his right shoulder blade, on the back of the shoulder and on the back of the right leg. The injured Jasbir Singh suffered three injuries in the incident which are mentioned in his MLR. Two of the injuries i.e. contusion on the right deltoid region of right arm 6 cm x 6 cm with severe pain and contusion of 7 cm x 2 cm of back inter scapular region with pain were subject to X- ray. Third injury i.e. abrasion with swelling on right leg with pain has been opined as simple injury. The first two injuries after X-ray examination have also been opined to be simple in nature. The petitioner is not attributed any injury on the person deceased Jagir Singh. The case was earlier adjourned by this Court as Raj Rani was not getting her statement recorded. However, now her examination-in-chief has been recorded by the learned trial Court. Thereafter, the Public Prosecutor has filed an application under Section 319 Cr. Misc. No.M-29011 of 2009 [3] Cr.P.C. and has got her examination deferred. Raj Rani in her deposition as regards the petitioner has stated that he gave `Gandasi' blows from its reverse side to Jasbir Singh. The learned counsel for the State and the complainant have submitted that the petitioner, in any case, had a common object with the main accused in committing the offence and, therefore, he is not entitled to the concession of bail. It may, however, be noticed that the common object of the petitioner is to be considered and determined after evidence has been led. There are many accused in the case and the petitioner is not attributed any injury on the person of the deceased. The injuries attributed to him on the person of Jasbir Singh are simple in nature. It is a case of cross-version and the cross-case has been registered on the statement of Karam Singh against the complainant side in the present case. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Karnal shall be admitted to bail. The criminal miscellaneous petition stands disposed of. January 15, 2010. (S.S. Saron) Judge *hsp*