IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-6846 of 2011 Date of decision: 26.4.2011 Arun @ Bitto …. Petitioner Versus State of Haryana …. Respondent Present: Mr. J.S. Sathi , Advocate for the petitioner. Mr. G.S. Sandhu, AAG, Haryana. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 19.12.2009 for the offences punishable under Sections 323, 325, 304, 506 and 34 IPC. The FIR has been registered on the complaint of Rohan @ Golu. It is alleged by the complainant that on 18.12.2009 at about 7.30 p.m. Sandeep Rathi, Arun @ Bitto (petitioner) and Manje who is running a canteen shop at Bahadurgarh Bus Stand and another person whose name the complainant did not know came to the house of the complainant in an ‘Opel Astra’ vehicle. They said that they had some work with the complainant. The complainant already knew them as Sandeep and Arun @ Bitto (petitioner) were his neighbours. The complainant went with them and they had drinks and ate together while sitting on the road in Sector-9, Bahadurgarh. After that they started back for home in the vehicle and then on the way Sandeep demanded `2000/- from the complainant. The complainant refused on which Sandeep hurled abuses to the complainant. When they reached at the corner of Gali No.4, CRM No. M-6846 of 2011 [2] Dharam Vihar, they got down from their vehicle. Due to non- payment of the money, Sandeep gave a ‘danda’ (stick) blow on the head of the complainant. The second ‘danda’ (stick) blow was given on his back. In the meantime, Arun @ Bitto (petitioner) gave a ‘danda’ (stick) blow which hit on right hand of the complainant and second ‘danda’ (stick) blow was given on his left hand. Manje also gave ‘danda’ (stick) blow on the feet of the complainant. Then all the four started beating the complainant with their respective ‘dandas’ (sticks). They kicked the complainant and punched him. When the complainant raised an alarm of ‘mar dia mar dia’ then his brother-in-law (wife’s brother) namely Sami who was coming to meet him, rescued him from the assailants. Sandeep, Arun @ Bitto (petitioner), Manje and the fourth unknown person had run away from the spot along with their respective weapons. They stated that the complainant had escaped on that day, but they would kill him. The statement of the complainant was recorded which he accepted as correct. The petitioner is attributed a ‘danda’ (stick) blow on the left and right hand of the deceased/complainant Rohan @ Golu. The injury on the head of the complainant is attributed to Sandeep who is in custody. The prosecution has cited 17 witnesses and out of the said witnesses, only 4 witnesses have been examined till date. The prosecution is to establish and prove its case by leading evidence and material on record. The petitioner is in custody for the last more than one year and three months. The trial in the case is likely to take time. Keeping in view the role attributed to the petitioner and the fact that he has remained in custody, it would be just and expedient to grant him the concession of bail. Learned counsel for the petitioner has also CRM No. M-6846 of 2011 [3] made a reference to the medical reports in respect of the complainant Rohan @ Golu. In view of the aforesaid facts and circumstances, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Jhajjar shall be admitted to bail. (S.S. SARON) April 26, 2011 JUDGE amit