IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Crl. Misc. No. M-25791 of 2010 Date of decision: 07.12.2010 Jitender @ Monu …. Petitioner Versus State of Haryana ….. Respondent 2. Crl. Misc. No. M-27752 of 2010 Date of decision: 07.12.2010 Virender @ Sonu …. Petitioner Versus State of Haryana ….. Respondent Present : Mr. Bijender Dhankar, Advocate for the petitioners. Mr. Vikas Malik, AAG, Haryana. *** S.S. SARON, J. This order will dispose of Crl. Misc. No. M-25791 of 2010 filed by Jitender @ Monu son of Satbir and Crl. Misc. No. M- 27752 of 2010 filed by Virender @ Sonu son of Satbir. Heard counsel for the parties. The respective petitioners in the two petitions pray for grant of regular bail in a case registered against them on 11.4.2010 for the offences under Sections 323, 324, 326, 307, 506 and 34 Indian Penal Code (“IPC” – for short). Crl. Misc. No. M-25791 of 2010 [2] Crl. Misc. No. M-27752 of 2010 The FIR in the case has been registered on the statement of Dinesh son of Balwan. On the date of the incident i.e. 10.4.2010, the complainant Dinesh and his cousin brother Rajender were coming from their fields to their house after collecting bundles of wheat. At about 11’O clock in the night, when they both reached in front of hotel of Tek Ram Barber, then four boys came on a motorcycle who were in an inebriated state. They knowingly dashed the motorcycle against the complainant and his cousin brother Rajender. One of the boy was recognized as Sonu @ Virender (petitioner in CRM No. M-27752 of 2010) and the other boy namely Monu @ Jitender (petitioner in CRM No. M-25791 of 2010). They had a ‘kulhari’ each in their hands. The third boy was identified as Amit, while the fourth one was Radhey Shyam. They both were having ‘swords’ in their hands. Radhey Shyam is attributed a ‘sword’ blow on the left side of the head of the complainant Dinesh. Amit is attributed a ‘sword’ blow on the right temple. Sonu @ Virender (petitioner in CRM No. M-27752 of 2010) is attributed an ‘axe’ (kulhari) blow on the waist of the complainant Dinesh. Monu @ Jitender (petitioner in CRM No. M-25791 of 2010) is also attributed a ‘kulhari’ blow on the waist of the complainant Dinesh. Thereafter, three more boys appeared and one of them was Amit, second was Naveen and third one was Anu. Anu and Naveen had a ‘sword’ each while Amit had a ‘mogra’ (a wooden plank). All the seven boys raised a Lalkara that Rajender son of Raj Kumar had to be killed and he should not escape. On this Anu gave a ‘sword’ blow which he was holding in his hand on the head of Rajender. The second blow was given by Anu on the head of Rajender. Naveen also gave a ‘sword’ blow on the right hand while Amit gave a ‘mogra’ (a wooden plank) blow on the waist of Rajender. Then the complainant side Crl. Misc. No. M-25791 of 2010 [3] Crl. Misc. No. M-27752 of 2010 raised a noise of “mar dia mar dia” . On hearing noise, Nanna son of Daya Nand came and got the complainant rescued from the accused; otherwise the complainant Dinesh and his cousin brother Rajender would have been killed. The accused then ran away with their respective weapons. Learned counsel appearing for the respective petitioners in the two petitions has submitted that Jitender @ Monu (petitioner in CRM No. M-25791 of 2010) has been attributed a ‘kulhari’ blow on the waist of the complainant Dinesh. However, in his supplementary statement he has attributed a ‘kulhari’ blow on the head of Rajender whereas this is not mentioned in the FIR. Therefore, it is submitted that there are discrepancies in the statement of the complainant Dinesh as recorded in the FIR and as recorded in the supplementary statement. It is submitted that in fact Radhey Shyam is attributed a ‘sword’ blow on the head of the complainant Dinesh; besides, Anu is attributed a ‘sword’ blow on the head of Rajender. In any case it is not in dispute that both the complainant Dinesh and his cousin brother Rajender have since been discharged from the hospital. Insofar as Virender @ Sonu (petitioner in CRM No. M-27752 of 2010) is concerned he is attributed a sword blow on the waist of the complainant Dinesh and later in the supplementary statement on the head of Dinesh. Therefore, there is a discrepancy in the statement of the complainant Dinesh as recorded in the FIR and that as recorded in the supplementary statement. The effect of the discrepancies in the statement as mentioned in the FIR and in the supplementary statement is not to be gone into at this stage and it would be more appropriate if the learned trial Court goes into the same after evidence has been led. The injured Dinesh and his cousin brother Rajender have since been Crl. Misc. No. M-25791 of 2010 [4] Crl. Misc. No. M-27752 of 2010 discharged from the hospital. The petitioners are in custody since 20.4.2010. The trial in the case is likely to take time. In the facts and circumstances, the Crl. Misc. petitions (i.e. CRM No. M-25791 of 2010 and CRM No. M-27752 of 2010) are allowed and the respective petitioners (i.e. Jitender @ Monu and Virender @ Sonu) on their furnishing personal bonds and surety each to the satisfaction of the learned Chief Judicial Magistrate, Sonepat shall be admitted to bail. (S.S. SARON) JUDGE December 07, 2010 amit