IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-28816 of 2009 Date of decision : November 06, 2009 Ballu alias Bali Ram ....Petitioner versus Dharam Singh and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. RM Singh, Advocate, for the petitioners Mr. Yogesh Goyal, Advocate for respondent no. 1 Mr. Pradeep Virk, DAG Haryana for respondent no. 2 L.N. Mittal, J. (Oral) By this common order, I am disposing of Criminal Misc. No. M-28816 of 2009 filed by Ballu alias Bali Ram and Criminal Misc. No. M- 28817 of 2009 filed by Chandi Ram, both seeking anticipatory bail in criminal complaint No. 10/1 dated 12.1.2005, instituted by respondent no. 1 Dharam Singh, under sections 148, 149, 323, 324, 325, 307, 506 IPC. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, both the petitioners and their co-accused caused injuries to the complainant and his father. The complainant lodged FIR No. 236 dated 1.11.2004 in Police Station Criminal Misc. No. M-28816 of 2009 -2- Chandhut. In that FIR, the petitioners and other accused were granted regular bail on 6.11.2004. Thereafter, respondent no. 1 instituted impugned complaint on 12.1.2005. Offence under section 307 IPC has been mentioned in the complaint but this offence was not mentioned in the police case. Injury relating to offence under section 307 IPC is attributed to Ballu alias Bali Ram. The said injury is linear fracture temporal bone . However, only simple injury is attributed to Chandi Ram. Keeping in view all the circumstances but without commenting anything on merits, Criminal Misc. No. M-28817 of 2009 filed by Chandi Ram is allowed. If Chandi Ram petitioner appears before Illaqua/Duty Magistrate/trial court on or before 4.12.2009, the date fixed there, he shall be released on bail on furnishing bail bonds. However, Criminal Misc. No. M-28817 of 2009 filed by Ballu alias Bali Ram is dismissed because he is not entitled to the concession of anticipatory bail as injury relating to offence under section 307 IPC is attributed to him. ( L.N. Mittal ) November 06, 2009 Judge 'dalbir'