Criminal Misc. -M No. 26954 of 2011 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc. -M No. 26954 of 2011 (O&M) Date of decision : 7.11.2011 Maya Ram .. Petitioner versus State of Haryana .. Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mrs. Aarti Gupta, Advocate, for the petitioner. Mr. G. S. Chahal, Additional Advocate General, Haryana. Mr. Satbir Rathore, Advocate, for the complainant. Rajesh Bindal, J. Learned counsel for the petitioner submitted that the present petition be treated on behalf of petitioner Maya Ram only, as petitioner no. 2 in petition originally filed has surrendered before the court below and is presently in custody. The amended petition is taken on record. The prayer in the present petition is for grant of pre-arrest bail to petitioner- Maya Ram, who is accused in FIR No. 74 dated 1.8.2011, registered under Sections 148, 149, 323, 342, 506, 307 IPC at Police Station Jathlana, District Yamuna Nagar. Learned counsel for the petitioner submitted that the petitioner is ex-Sarpanch of the village. The complainant and the injured persons are the persons, who are working on a liquor vend. They are relatives of the present Sarpanch, who has enmity with the petitioner. In fact, they had come to his house on 24.7.2011 at about 8.00 p.m. when the wife of the petitioner raised alarm and the neighbourers gathered. In the scuffle, the complainant party suffered injuries. However, false FIR has been registered implicating the petitioner and his sons. Prior to the registration of the FIR, the petitioner has made a complaint to the police about the incident. Learned counsel for the petitioner further submitted that only allegation against the petitioner is that he raised a lalkara. No specific injury has been attributed to the Criminal Misc. -M No. 26954 of 2011 (2) petitioner. Both the sons of the petitioner, who have been named in the FIR, have already been arrested and are in custody. On the other hand, learned counsel for the State submitted that the petitioner was the person who instigated his sons to cause injuries to the complainant and Balwinder Singh. The reason for fight was that earlier the petitioner was selling illicit liquor in the village which business had stopped now as a liquor vend has been opened. The complaint made by the petitioner was received on 25.7.2011, however, the same was filed after enquiry as the allegations contained therein were found to be baseless. The FIR in question was registered after intimation was received from the hospital that injured had been admitted there. Samarjeet was not fit to make statement till 27.7.2011. It was only thereafter that on his statement at Daily Diary No.17 (a) was recorded. Balwinder Singh another injured was declared fit to make statement on 1.8.2011 and after recording his statement, the FIR has been registered on the basis of statement of Samarjeet. Learned counsel for the complainant submitted that both the injured were mercilessly beaten up by the accused named in the FIR on the instigation of the petitioner. They were tied with a tree. Balwinder Singh remained in ICU for a period of about 7-8 days. He is still not fully cured. After hearing learned counsel for the parties and considering the submissions made above and also the fact that two persons named in the FIR, namely sons of the petitioner, who have been attributed specific injuries, have surrendered and are in custody. The only allegation against the petitioner is that he raised a lalkara, no specific injury has been attributed to the petitioner, in my opinion, the petitioner is not required to be taken in custody. He shall appear before the Investigating Officer on 16.11.2011 at 10.00 a.m. to join investigation. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. Disposed of. 7.11.2011 ( Rajesh Bindal ) vs Judge