Criminal Misc. No. M-19485 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-19485 of 2011 (O&M) Date of decision: 15.7.2011 Rehmu and others .. Petitioners v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S. S. Narula, Advocate for the petitioners. Mr. Ashish Gupta, Assistant Advocate General, Haryana. Mr. Ashok Kumar, Advocate for the complainant. ... Rajesh Bindal J. The petitioners are accused in FIR No. 134 dated 6.4.2011, registered under Sections 148, 149, 341, 323, 325, 307 IPC, at Police Station Sohna, District Gurgaon. The prayer is for anticipatory bail to the petitioners. The allegations are that a group of 16 persons attacked the complainant and as a result thereof, he was seriously injured. Learned counsel for the petitioners sought to argue that only one injury found on the head of the injured has been attributed to six persons, which is not possible. In fact, it is a false complaint in which entire family has been implicated. One of the accused, to whom the injury had been attributed, was arrested and is in custody. On the other hand, learned counsel for the State submitted that the allegations in the FIR clearly show that injuries on head had been Criminal Misc. No. M-19485 of 2011 [2] attributed to two of the petitioners, namely, Mubarik (petitioner No. 3) and Osama Khan alias Usman (petitioner No. 4), which were found to be grievous in nature. The injuries attributed to Rehmu (petitioner No. 1) and Kamru (petitioner No. 2) are found to be simple. He further submitted that the kind of injuries inflicted on the injured is evident from the fact that he remained admitted in the hospital for 11 days. As the facts of the case speak, the petitioners in fact had left the injured on road presuming him to be dead. He was got admitted in the hospital by some passers-by. He further submitted that the criminal mind of the petitioners is evident from the fact that to claim stay of arrest, initially it was pleaded that Osama Khan alias Usman (petitioner No. 4) was a juvenile. However, later on finding that the certificate produced by him was not correct, the benefit granted to him was withdrawn. After hearing learned counsel for the parties, in my opinion, considering the seriousness of allegations against Mubarik (petitioner No. 3) and Osama Khan alias Usman (petitioner No. 4) and also the fact that the injured remained admitted in the hospital for 11 days, I do not find it to be a fit case for grant of pre-arrest bail to them. Accordingly, the present petition qua them is dismissed. However, as far as petitioners No. 1 and 2, namely, Rehmu and Kamru are concerned, the injuries attributed to them being simple in nature, I do not find that their custodial interrogation is required. Accordingly, it is directed that they shall appear before the Investigating Officer on 28.7.2011 at 10.00 AM. In case of arrest, they shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. They shall appear before the Investigating Officer as and when called upon for further investigation. They shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 15.7.2011 mk