Criminal Misc. No.M-27892 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc. No.M-27892 of 2010 Date of decision : October 8, 2010 Sombir .... Petitioner Versus State of Haryana .... Respondent ***** Present: Mr. R.A. Sheoran, Advocate, for the petitioner. Mr. K.C. Gupta, Senior DAG, Haryana. S.S.SARON, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 24.08.2010 for the offences under Sections 147, 148, 149, 323, 452 and 325 IPC. The FIR in the case has been registered on the statement of Hemant. It is alleged that on 22.08.2010, it was the birthday of his son, which was to be celebrated in the house of his grand-father at House No.3337, Sector 13, Bhiwani. At about 9.30 p.m., Sonu alias Som (petitioner) and about 15 young boys who had lathis, dandas and iron rods came there and caused injuries to the complainant Hemant. The petitioner gave a rod blow on the hand and foot of the complainant and his companions also caused many injuries. On 22.08.2010, the complainant was admitted in Government Hospital, Bhiwani in the night. He did not know the names and address of the person who had caused the injuries. On that day, he could not get the MLR. On 24.08.2010, he got the MLR from the Government Hospital, Bhiwani. The friends of the complainant who Criminal Misc. No.M-27892 of 2010 2 also received injuries had not got done any MLR. About 5-6 months earlier, an altercation with the petitioner had taken place which was compromised. However, on 22.08.2010, when the complainant had gone to the market, then from the motor-cycle of the complainant water was thrown on the petitioner Due to this reason, the petitioner alongwith his friends caused injuries to the complainant and his friends. Learned counsel for the petitioner submits that there is delay of two days in lodging the FIR; besides, the mere fact that the complainant did not get the MLR was no reason to get the case registered after two days of the incident. In any case, a perusal of MLR would show that it is mentioned as a case of history of assault at 10.30 p.m. on 22.08.2010 near the Housing Board, Bhiwani. Therefore, it has been submitted that the offence under Section 452 IPC is not made out and the other offences are bailable. In response, learned counsel for the State has submitted that the contention of the learned counsel for the petitioner that the place where the incident occurred was situated near the New Housing Board Colony, Bhiwani, as mentioned in the MLR, is in consequential, because it is alleged in the FIR that petitioner entered the house of the complainant and it is specifically mentioned that he caused injuries. I have given my thoughtful consideration to the matter. The incident in the case in respect of which FIR has been registered had occurred on 22.08.2010. The complainant was admitted in the hospital on 22.08.2010. However, he did not get any statement recorded on that day as he could not get a copy of the MLR. The delay in lodging the FIR itself is not of much consequence as at that time, the Police did not have the MLR to ascertain whether a cognizable offence was made out or not. In any case, Criminal Misc. No.M-27892 of 2010 3 though the offences under Sections 323, 325, 147 and 148 are bailable, however, the incident as per allegations in the FIR had occurred at House No.3337 of the grand-father of the complainant where the birthday of the son of the complainant was to be celebrated The said house is situated in Sector 13 in the New Housing Board Colony, Bhiwani. Even the Investigating Officer had gone to the said house and carried out demarcations there. The site plan was also drawn up of the said house. The case relates to entering the house of a person where he was celebrating the birthday party of his grand-son and then causing injuries. In the facts and circumstances of the case, no ground for pre-arresting bail is made out. The criminal writ petition is accordingly dismissed. October 8, 2010 (S.S. SARON) D. Bansal JUDGE