IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-18526 of 2009 Date of decision : August 13, 2009 Surya Parkash ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Arvind Thakur, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) By this common order, I am disposing of two bail petitions i.e. Criminal Misc. No. M-18526 of 2009 filed by Surya Parkash and Criminal Misc. No. M-19743 of 2009 filed by Ram Niwas, in FIR No. 16 dated 9.2.2009, under sections 307, 148, 149 IPC and section 25 of Arms Act, Police Station Nathusari Chopta, District Sirsa. I have heard learned counsel for the petitioners, learned State counsel and perused the case files. According to the prosecution version both the petitioners who are brothers along with their third brother Ashok and three other persons came in a car and Ashok fired shots from his firearm hitting left arm and left leg of complainant Mohinder Singh and left shoulder of Rohtas. As regards Surya Parkash, learned counsel for the petitioners Criminal Misc. No. M-18526 of 2009 -2- contended that no active role has been attributed to Surya Parkash. It is also contended that petitioner Surya Parkashg was in Central Jail, Bikaner since 7.2.2009 till 11.2.2009 in FIR No. 1164 of 2009 as per certificate Annexure P/1. Learned State counsel on the other hand, on instructions from ASI Jagdish Chander, contended that a gun has been recovered from the petitioner. It is also contended that on verification, it was found that the petitioner was not involved in FIR No. 1164 of 2009 and in fact, petitioner Surya Parkash was allegedly confined in Bikaner jail in a case under section 107/151 Cr.P.C. lodged on 8.2.2009 and therefore, the certificate Annexure P/1 appears to be suspicious. Keeping in view all the circumstances including the fact that no active role has been attributed to petitioner Surya Parkash except that he was accompanying the other co-accused but without meaning to express any opinion on the merits, bail petition filed by petitioner Surya Parkash is allowed. He be released on bail on furnishing bail bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sirsa. As regards petitioner Ram Niwas, it is contended by his counsel that Rohtas injured has given a different version stated in the FIR by Mohinder Singh injured-complainant. The contention cannot be accepted at this stage because even Rohtas has stated that Ram Niwas, Surya Parkash and Ashok and three other persons had come in the car and fired at him (Rohtas). Petitioner Ram Niwas was driving the car in which the assailants were went to the spot. Learned State counsel on instructions from ASI Jagdish Chander also contends that it has come during the investigation that Ram Niwas had borrowed the car from Satpal on some false pretext. Criminal Misc. No. M-18526 of 2009 -3- Keeping in view all the circumstances but without meaning to express any opinion on the merits, I do not find it to be a fit case for releasing petitioner Ram Niwas on bail. Bail petition filed on his behalf is accordingly dismissed. ( L.N. Mittal ) August 13, 2009 Judge 'dalbir'