Crl. Misc. No.M-28312 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-28312 of 2009 (O&M) Date of decision: January 25, 2009 Jai Bhagwan ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Vikram Singh, Advocate, for the petitioner. Mr. Raja Sharma. AAG, Haryana. GURDEV SINGH, J. Heard. Petitioner, Jai Bhagwan son of Mauji, has filed this petition under Section 439 (1) of the Criminal Procedure Code for grant of regular bail for the offences under Sections 323, 302/149/148 IPC, in respect of which FIR No. 95 dated 11.3.2009 was registered at Police Station Sadar Gohana, and for which he is standing his trial before the Additional Sessions Judge, Sonepat. This petition has been pressed by his counsel on the ground that no fatal blow has been attributed to the petitioner. This FIR was registered on the statement of one Bijinder. According to him, this petitioner alongwith one Subhash son of Rama, Ashok son of Sardara and Dilbagh son of Chanda were already inflicting the injuries on the person of the deceased when he reached that place. According to him, the injuries with the help of knife were caused thereafter Crl. Misc. No.M-28312 of 2009 2 by the other accused named Subhash. As per the medical evidence, those injuries were caused with the help of sharp edged weapon, as result of which the deceased died. However, the fact remain that this petitioner also inflicted injuries on the person of the deceased and those injuries were found during the post-mortem examination. It is very much apparent from the contents of the FIR itself that all those injuries were caused by the accused, while they were forming unlawful assembly, in prosecution of the common object of the assembly which was to cause the death of the deceased. In these circumstances, keeping in view the gravity of the offense, no ground is made out for releasing the petitioner on bail and the petition is hereby dismissed. January 25, 2009 (GURDEV SINGH ) prem JUDGE