Crl. Misc. No. 23227-M of 2010 (O&M) & Crl. Misc. No. 23628-M of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 23227-M of 2010 (O&M) Date of Decision: September 06, 2010 Shamsher alias Shutter ........Petitioner Versus State of Haryana ........Respondent And Crl. Misc. No. 23628-M of 2010 (O&M) Raju ........Petitioner Versus State of Haryana ........Respondent CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Sunil Saharan, Advocate, for the petitioner in Crl. Misc. No. 23227-M of 2010. Mr. Aman Pal, Advocate, for the petitioner in Crl. Misc. No. 23628-M of 2010 Mr. Satyavir Singh Yadav, DAG, Haryana. SABINA, J. Vide this order, both the above mentioned petitions would be disposed of as they have arisen out of the same FIR. Petitioners have filed these petitions under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') for grant of concession of bail to the petitioners in case FIR No.7 dated 06.1.2010, under Sections 307, 148,149,120-B IPC of Indian Penal Code (in short 'IPC') and Section 25 of the Arms Act, 1959 at Police Station Siwani, District Bhiwani Learned counsel for the petitioners have submitted that the petitioners are not named in the F.I.R nor any specific injury is attributed to Crl. Misc. No. 23227-M of 2010 (O&M) & Crl. Misc. No. 23628-M of 2010 (O&M) -2- them. As per the medico legal report, the injured has suffered gun shot injuries. The injury attributed to the petitioner-Raju lateron during investigation with an iron pipe is not reflected in the medico legal report. The petitioner-Shamsher alias Shutter is in custody since 12.01.2010 whereas petitioner-Raju is in custody since 17.01.2010.Challan has already been presented in this case and petitioners are not required for further investigation. Learned State Counsel, on the other hand, has opposed the petition. After hearing learned counsel for the parties, I am of the opion that the petitioners are entitled for the concession of bail. The petitioners are in custody since January, 2010 and are not required for further investigation. Both the petitioners were not named in the F.I.R. Their names have cropped up during investigation. No specific injury is attributed to the petitioner- Shamsher alias Shutter whereas the injury attributed to the petitioner-Raju is not corroborated by medical evidence. Accordingly, it would be just and expedient to release the petitioners on bail. Hence, without expressing any opinion on the merits of the case, these petitions are allowed. Petitioners be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Bhiwani. (SABINA) September 06, 2010 JUDGE G.Arora