IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. 17708-M of 2009 DATE OF DECISION : JANUARY 25, 2010 ROTASH ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Gaurav Mohunta, Advocate, for the petitioner(s). Mr. Tarun Aggarwal, Sr. DAG, Haryana. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, has been filed for bail in FIR No.461 dated 16.11.2008 under Sections 302, 307, 148, 149, 120-B, Indian Penal Code, and Section 25 of the Arms Act, Police Station, City Hansi, District Hisar. Learned counsel for the petitioner has argued that the name of the petitioner does not figure in the FIR. There is a cross case and, therefore, it would be an arguable matter as to which side is the aggressor. Learned counsel for the respondent-State, on instructions from ASI Suresh Kumar, admits that the death of Shamsher was caused with a firearm. The allegation against the petitioner is that he was armed with a Criminal Misc. No. 17708-M of 2009 2 danda. It is further the admitted case that the name of the petitioner does not find mention in the FIR. Considering the fact that the petitioner's name is not mentioned in the FIR; the petitioner did not cause fatal injury to the deceased; there is a cross version and both the sides are being prosecuted, the petition is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Hisar. January 25, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?