IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Date of Decision: February 20, 2009 Crl. Misc. M No. 2311 of 2009 Rajesh and others ...........Petitioners Versus State of Haryana ..........Respondents Crl. Misc. M No. 29823 of 2008 Satpal @ Kala ...........Petitioner Versus State of Haryana ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Jitender Dhana, Advocate (Crl.Misc.M. No.2311 of 2009) and Mr.S.K.Verma, Advocate (Crl.Misc. M. No. 29823 of 2008) for the petitioners. Mr.Sidharath Sarup, Assistant Advocate General, Haryana ** Sabina, J. This order shall dispose of the above-mentioned two petitions bearing No.Criminal Misc. M-2311 of 2009 and M-29823 of 2008 as these petitions have arisen out of the same FIR. Petitioners have filed these petitions seeking regular bail in FIR No. 154 of 27.7.2008 registered under Sections 323/307/148/149 of the Indian Penal Code (`IPC' for short) and 25 of the Arms Act (`Act' for short) at Police Station Sadar Narwana, District Jind. Prosecution case, in brief, is that on 27.7.2008, at about 4.00 P.M., complainant Ram Kumar, along with his brother-Pawan and uncle Crl. Misc. M No. 2311 of 2009 -2- Balbir and sons-Charan Singh and Jagjit were attacked by Jagbir Singh armed with pistol; Satish armed with sword and Ram Kala and Subhash armed with lathis along with 15 others persons armed with lathis and Dandas. Jagbir Singh fired a shot at the complainant party. Satish Pandit gave a sword blow on the head of Balbir and as a result of this, Balbir fell down. Then, Jagbir fired another shot. Thereafter, Jagbir and his companions inflicted injuries on the person of Charanjit, Jagjit and Pawan with lathis and dandas. Learned counsel for the petitioners have submitted that the petitioners-Rajesh, Jagbir and Mahender are in custody since 27.7.2008, whereas, petitioner- Sartpal @ Kala has been in custody since 23.8.2008. There was no fire arm injury on the injured. Learned counsel for the State has opposed the petitions. Although as per the prosecution case, petitioner-Jagbir had fired a shot yet, admittedly, there is no fire arm injury on any of the injured. Petitioners, namely, Rajesh and Mahender are attributed simple injuries with lathis. Petitioner- Satpal @ Kala has attributed a grievous injury i.e. fracture on the person of Jagjit, injured. Keeping in view the fact that the petitioners are in custody since long and without expressing any opinion of the merits of the case, petitions are allowed. Petitioners be admitted to bail to the satisfaction of the Chief Judicial Magistrate, Jind. ( Sabina ) Judge February 20, 2009 arya