In the High Court of Punjab and Haryana at Chandigarh ...... (1) Criminal Misc. No.M-18072 of 2010 ..... Date of decision:13.10.2010 Narbir .....Petitioner v. State of Haryana .....Respondent .... (2) Criminal Misc. No.M-20391 of 2010 ..... Chander .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. Bijender Dhankar, Advocate for the petitioner in Criminal Misc. No.M-18072 of 2010. Mr. Naresh Kumar Sanghi, Advocate for the petitioner in Criminal Misc. No.M-20391 of 2010. Mr. K.C. Gupta, Senior Deputy Advocate General, Haryana for respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. This order will dispose of Criminal Misc. No.M-18072 of 2010 filed by Narbir son of Moti and Criminal Misc. No.M-20391 of 2010 filed by Chander son of Jeeta. The respective petitioners pray for grant of bail in the same FIR Cr. Misc. Nos.M-18072 of 2010 etc. [2] registered on 6.2.2010 at Police Station Sadar, Palwal, District Palwal for the offences under Sections 148, 323, 324, 326, 452, 506, 302 and 149 Indian Penal Code; besides, Section 25 of the Arms Act. The FIR in the case has been registered on the statement of Ranjit. It is alleged by the complainant-Ranjit that earlier to the occurrence his grand-son Yogesh son of Hemraj (deceased) had a dispute with Balraj on which Debu stated that since Yogesh had quarreled with his brother Balraj, some day he and his family members would be taught a lesson. The complainant, however, made his children understand but Debu kept this in his heart. On the date of the incident i.e. 5.2.2010, the complainant and his sons Hemraj (deceased) and Naresh (injured); besides, nephews Kanwar Pal and Sehdev were sitting in their Baithak and around 5.30 p.m. in the evening Balraj, Debu, Naresh son of Nathi, Narbir (petitioner in Criminal Misc. No.M-18072 of 2010), Chander (petitioner in Criminal Misc. No.M- 20391 of 2010), Hoshiar, Moti, Sukhbir and two more unknown persons in connivance with each other came armed with swords, gupti, saria and lathi. Immediately on reaching the `Baithak' of the complainant, Debu addressed Hemraj (deceased) by raising a Lalkara that his son Yogesh has quarreled with his brother Balraj and for that he would be taught a lesson on the said day. Debu gave a gupti blow which he was holding in his hand on the right side of chest of Hemraj (deceased). Balraj gave a blow to Hemraj which hit him on the right hand fingers and Naresh son of Nathi gave a sword blow to Hemraj which hit him on the fingers of his left hand. Then Hemraj fell on the ground due to the injuries received by him. When Naresh son of the complainant and the nephews of the complainant, namely, Kanwar Pal and Sehdev tried to rescue Hemraj, then Debu and others attacked them i.e. Cr. Misc. Nos.M-18072 of 2010 etc. [3] Naresh son of the complainant as also Kanwar Pal and Sehdev nephews of the complainant with their respective weapons and caused injuries. Out of fear the complainant shouted `Bachao-Bachao' and started running away. On hearing his noise, his brother Jagdish and Daulat Ram came running towards them and saved them from Naresh son of Nathi and others. Had they not come, the assailants would have caused more injuries. Debu and others while leaving said that they have been saved on the said day but if they got another opportunity they would kill them. The complainant along with his family members were taking Naresh, Sehdev, Kanwar Pal and Hemraj to Palwal for treatment. On the way, Hemraj succumbed to his injuries. Naresh, Kanwar Pal and Sehdev were sent to Central Hospital, Faridabad for treatment. The petitioners Narbir and Chander have not been attributed any injury on the person of the deceased Hemraj. Narbir- petitioner has been attributed of causing an injury with a Farsa on the head of Naresh son of the complainant Ranjit. The said injury has been described as grievous, however, the Farsa has not been recovered; besides, Naresh son of the complainant Ranjit has since been discharged from the hospital. Chander-petitioner is stated to be carrying a saria and is attributed a saria blow on the back of Naresh son of the complainant Ranjit and on the back of Kanwar Pal, nephew of the complainant Ranjit. It is stated by learned counsel appearing for him that the said injuries have been opined to be simple in nature. The trial in the case is likely to take time. The other accused, namely, Debu and Balraj are in custody. The involvement of the petitioners in regard to the murder of Hemraj is to be established. In the facts and circumstances, the petitioners Narbir and Chander on their furnishing personal bonds and surety each to the Cr. Misc. Nos.M-18072 of 2010 etc. [4] satisfaction of the learned Chief Judicial Magistrate, Palwal shall be admitted to bail. Nothing stated or observed in this order shall be construed to be an expression of opinion on the merits of the case and the learned trial Court shall consider the facts and circumstances of the case on the basis of evidence and material as produced before it. The criminal miscellaneous petitions stand disposed of. October 13, 2010. (S.S. Saron) Judge *hsp*