In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-4349 of 2009 Date of decision: 18.2.2009 Ishwar @ Papla ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. N.K.Sanghi, Advocate, for the petitioner. **** SABINA, J. This petition has been filed by Ishwar @ Papla under Section 438 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of anticipatory bail in case FIR No. 200 dated 3.8.2008, under Sections 307/34 of the Indian Penal Code (“IPC” for short), and Section 25 of the Arms Act registered at Police Station Sadar, Sonepat. The allegation against the petitioner is that he had fired a shot with a pistol on the person of complainant Harish with an intention to kill him and the said shot had hit the complainant below his left hip. Learned counsel for the petitioner has submitted that the occurrence had taken place at the spur of moment. There was no Criminal Misc. No.M-4349 of 2009 -2- intention on the part of the petitioner to kill the complainant. The injury on the person of the complainant was below the left hip and at the most a case under Section 324 IPC was made out. As per the prosecution case, a shot of the pistol had been fired by the petitioner. As a result of this the complainant suffered an injury below his left hip. Whether the petitioner had fired a shot with an intention to kill the complainant or not, would more appropriately be gone into and considered during trial. Keeping in view the seriousness of offence alleged to have been committed by the petitioner, without expressing any opinion on the merit of the case, this petition is dismissed. (SABINA) February 18, 2009 JUDGE anita