CRM No. M -31302 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M -31302 of 2008 Decided on:December 18,2008. Saransh Rao ......Petitioner Versus State of Haryana .....Respondent Coram Hon'ble Mr. Justice K. C. Puri Present Mr. Vinod. S. Bhardwaj, Advocate and Mr. S. S. Joshi, Advocate for the petitioners. Mr.Neeraj Bhutani, Assistant Advocate General, Haryana. K. C. Puri, J ( Oral ) By this common order, I intend to dispose of two bail applications i.e Criminal Misc. Nos. M-31302 of 2008, titled Saransh Rao v. State of Haryana and M-30812 of 2008 titled Nivetan Pal @ Tony v. State of Haryana, as both these bail applications have arisen out of the same FIR No. 75 dated 4.5.2008, under Sections 148, 149, 323, 307, 120B IPC and 25/54/59 of the Arms Act. However, facts are being extracted from Criminal Misc. No. M-31302 of 2008. As per allegations of the prosecution, on 3.5.2008, there was a programme of “DJ Aqeel” in Hotel North. At about 11 PM, complainant Harpreet Singh along with his friends Lalit Thmn, Aman Preet, Herkeet Singh @ Badal, Herhemat Singh Bajwa and Navdeep Singh went to watch the said programme at the basement of North Park Hotel. That basement was taken on rent by Saransh Rao son of Arjun Kumar, Pankaj Garg, Arun and Rajeev Arora. The capacity of the basement is of 70 to 80 persons but 350/400 persons were invited there. Saransh Rao and others were charging Rs.2,500/- from each person. Harkeet Singh @ Badal asked about the entry fee and the organizers replied that Rs.2,500/- was the entry fee. Harkeet Singh told that the said amount was exorbitant. Arun Arora and others misbehaved with the complainant and Saransh Rao hurled abuses towards Harkeet Singh @ Badal. Harkeet Singh gave slaps to Saransh Rao and pushed Arun Arora. Those persons attended the programme till 4.15 CRM No. M -31302 of 2008 2 AM. When they were coming out, Arun Arora, Rajeev Arora, Saransh Rao and Pankaj Garg etc. were present there. About 14/15 young boy came there and they were carrying weapons including swords. It is further alleged that bouncers arranged by the present petitioners have inflicted injuries on Harkirt and Harpreet Singh. It is further mentioned that Germanjeet Singh was armed with pistol and he fired four shots. Saransh Rao filed petition for quashing on the basis of compromise. Report of the trial court was summoned in which it has been mentioned that Harkirt Singh alone has entered into genuine compromise with Saransh Rao, Rajiv Arora on 12.9.2008 but there is no compromise with Harkirt Singh who received equal injuries. So that petition has been withdrawn with liberty to file fresh one on the same cause of action today. Saransh Rao had previously moved an application for bail and that was dismissed on 5.9.2008 vide CRM No. M-18771 of 2008 Now since there is change of circumstance that petitioner has entered into compromise with the complainant and on account of the fact that petitioner Saransh Rao is in custody since 4.5.2008, so he is entitled to concession of bail. So far as other accused is concerned, there is no specific injury attributed to him. The other co-accused have been allowed concession of bail vide CRM Nos. M- 19503 of 2008, M-19704 of 2008 and M-25222 of 2008. The recovery of the weapon has been stated to be effected from Chander Shekhar who has been allowed concession of bail. So the case of Tony accused is similar to that of Chander Shekhar. So in these circumstance both these applications are allowed. Bail to the satisfaction of trial Court, Panchkula. December 18, 2008 (K. C. Puri ) mamta Judge