IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-34668 of 2010 Date of decision: 12.1.2011 Balhar Chand @ Bali …. Petitioner Versus State of Punjab & Others …. Respondents Present: Mr. D.K. Bhatti, Advocate for the petitioner. *** S.S. SARON, J. Heard counsel for the petitioner. The petitioner seeks regular bail in a case registered against him on 1.1.2010 for the offences under Sections 302, 323, 324 and 34 Indian Penal Code. The FIR in the case has been registered on the complaint of Rashpal Singh @ Bittoo. In the incident that occurred on 30.12.2009 in the evening, the son of the petitioner namely Sunny (deceased) was attacked by the assailants Pawan Kumar who was armed with ‘kirpan’, Balhar Chand @ Bali (petitioner) who was armed with ‘chura’ (knife), Bimal who was armed with ‘kirch’ and Harjinder @ Bindra who was armed with ‘kirpan’. The petitioner-Balhar Chand @ Bali is said to have given a ‘chura’ (knife) blow on the right hip of Sunny (deceased). Firstly, he was pulled down from tractor and then inflicted a ‘chura’ (knife) blow on his right hip. Pawan Kumar, the co-accused of the CRM No. M-34668 of 2010 [2] petitioner is said to have chopped of the thumb of the right hand of Sunny (deceased) with a ‘kirpan’. Bimal Kumar hit with the reverse handle of the kirpan on the testicles of the deceased-Sunny. Besides, he kicked with his right leg in the abdomen of Sunny (deceased). Moreover injuries were caused on Lucky. According to the learned counsel appearing for the petitioner, the case is one of cross-version and the petitioner is in custody for the last one year. Besides, there was no mens rea to commit the murder. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is one of the principal accused in the case and inflicted a ‘chura’ (knife) blow on the hip of deceased-Sunny son of the complainant- Rashpal Singh @ Bittoo. Keeping in view the role attributed to the petitioner of having inflicted ‘chura’ (knife) blow on the hip of the deceased, no ground for grant of bail is made out. Accordingly, the Crl. Misc. petition is dismissed. (S.S. SARON) 12.1.2011 JUDGE amit