In the High Court of Punjab and Haryana at Chandigarh Date of decision: 28.4. 2009 Criminal Misc. No.M-4537 of 2009 Swaran Singh ......Petitioner Versus State of Punjab .......Respondent Criminal Misc. No.M-7157 of 2009 Mangal Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.P.S.Brar, Advocate, for the petitioners. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This order shall dispose of CRM-M Nos.4537 of 2009 and 7157 and 2009 as these arise out of the same FIR. The petitioners have filed these petitions under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 155 dated 25.10.2008 registered at Police Station Jaitu District Faridkot. Learned counsel for the petitioners has submitted that Criminal Misc. No.M-4537 of 2009 -2- inadvertently offence under Section 325 of the Indian Penal Code, (for short 'IPC'), which was added on 8.11.2008, could not be mentioned in the head note as well as prayer clause of the petitions as it was not depicted in the copy of the FIR supplied to the petitioners as well as the order passed by the trial Court while rejecting bail. Learned counsel for the petitioners is allowed to make necessary additions in the head note as well as in the prayer clause of the petitions. As per the prosecution case, occurrence had taken place at about 9.45 p.m. on 24.10.2008. Petitioner-Swaran Singh came to the spot armed with a dang. Petitioner-Mangal Singh was armed with a wooden handle, whereas, their co-accused Gursharan Singh was armed with a knife. Ranjit Kaur, aunt of the complainant Gurmail Singh raised a lalkara. Thereafter, Gursharan Singh gave a knife blow on the back of complainant-Gurmail Singh. Petitioner-Swaran Singh gave a dang blow on the head of the complainant. He also gave a dang blow on the right arm of Paramjit Kaur (wife of the complainant). Petitioner- Mangal Singh gave a wooden handle blow on the back of the complainant. He also gave a wooden handle blow on the head of Paramjit Kaur. Baljit Singh broke the gate and gave fist blows on the person of the complainant. Learned counsel for the petitioners has submitted that the injury under Section 307 IPC was not attributed to the petitioners and was attributed to their co-accused Gursharan Singh. Petitioners are in custody since 3.1.2009. The conclusion of the trial would take time. Criminal Misc. No.M-4537 of 2009 -3- Learned State counsel, on the other hand, has opposed these petitions. Keeping in view the fact that the petitioners are in custody since 3.1.2009 and the injury with regard to offence under Section 307 IPC is not attributed to them, without expressing any opinion on the merits of the case, these petitions are allowed. The petitioners are ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Faridkot. (SABINA) JUDGE April 28, 2009 anita