IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-7251 of 2010 Date of decision : 1.4.2010 Amit Yadav …. Petitioner Versus State of Haryana …. Respondent Present: Mr. P.R. Yadav, Advocate for the petitioner. Mr. Vikas Malik, AAG, Haryana. **** S.S. SARON, J. The petitioner was granted interim bail till 31.3.2010 to appear in B.A. Part-II Examination at K.L.P. College, Rewari Centre, Rewari. It is stated by the learned counsel for the petitioner that the petitioner has surrendered in Court in compliance to the order dated 19.3.2010 passed by this Court. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 148, 149, 307/506 IPC. The FIR in the case has been registered on the statement of Manish Chaudhary who has alleged that on 18.11.2009 at about 10/10.30 p.m. he had gone to Sanjay Samaroh Sthal for attending the marriage of the son of Bhola Ram. When the complainant had reached the gate with the marriage party some persons were dancing Crl. Misc. No. M-7251 of 2010 [2] on the beat of the drum. The complainant asked them to proceed slowly. He was also proceeding with the marriage party. In the meantime, the marriage party entered the place of marriage. When the complainant reached near his car then 4-5 boys came near to him and stated as to why was he posing himself to be a boss. Out of them Amit (petitioner) gave him slaps and fist blows. When the complainant resisted, he was beaten and he raised an alarm. On hearing his alarm, his friend Pawan Kumar came running towards the complainant and tried to save him. He was tripped and fell on the ground and he was also beaten. When the complainant and Pawan Kumar were lying on the ground then two of the boys who had assaulted the complainant and Pawan Kumar, all of a sudden took out a pistol and started indiscriminate firing on them. These persons fired with an intention to kill them. One of the bullets hit near the right ankle, right thigh and on the back of the head of the complainant. A bullet also hit Pawan Kumar below the calf of his right leg. On hearing the noise, there was commotion and then Hoshiar Singh Saini along with Hari Om Chaudhary reached the spot and rescued the complainant and Pawan Kumar from the assailants. The assailants while fleeing away on motorcycles were firing. Learned counsel for the petitioner submits that the petitioner is not one of the persons who had fired. Learned counsel for the State has however submitted that he had started the assault. Besides, he had a common intention to commit the offence. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is in custody since 21.12.2009. The Crl. Misc. No. M-7251 of 2010 [3] investigation in the case is complete. The petitioner was not armed and he admittedly did not fire. The question regarding common intention to cause the injuries is to be considered after evidence has been led. The injured has since been discharged from the hospital. The petitioner has just given his examination of B.A. Part-II. Keeping in view the aforesaid facts and circumstances as also the fact that the petitioner is not one of the assailants who had fired, it would be just and expedient to grant the concession of bail to him. Accordingly, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Rewari shall be admitted to bail. One of the sureties to be furnished by the petitioner shall be of a respectable person of his locality who shall also undertake for the maintenance of peace and good behaviour by the petitioner Amit Yadav. (S.S. SARON) JUDGE April 1, 2010 amit