Criminal Misc. No. M-4259 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-4259 of 2009 (O&M) Date of Decision:16.02.2009 Shamseeda .....Petitioner Vs. State of Haryana and others .....Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Rakesh Bakshi, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Shamseeda under Section 439 (2) of the Code of Criminal Procedure seeking cancellation of bail order dated 4.11.2008 passed in bail application No.43 of 2008 dated 22.10.2008 in case FIR No.120 dated 12.7.2008 registered under Sections 323, 354, 452 read with Section 34 of IPC and Section 316 of IPC which was added later on at Police Station Chhapper Yamuna Nagar (Annexure P.1). I have heard the learned counsel for the petitioner, besides perusing the record with due care and circumspection. The facts in brief are that the petitioner along with her family was residing in Adarsh Colony, Mustfabad, District Yamuna Nagar. In the month of May, 2004, her husband Salim Bhan purchased a washing machine from Sonu and Monu Sons of Ram Kumar. The said machine did not work properly. The same was repaired by Sonu and Monu at one Criminal Misc. No. M-4259 of 2009 (O&M) -2- occasion. Even thereafter, it did not work and was sent to Sonu and Monu for repair, who did not return the same to Saleem Khan despite repeated requests. Salim Khan got issued a legal notice. On receipt of such notice, Sonu, Monu and one Rajbir came to the house of Salim Khan on 3.2.2007 at 9:00 P.M. On that day, Sonu and two others gave beatings to Salim Khan and went away. On 4.2.2007, the complaint was submitted to the police authorities to take appropriate action against the culprits, but it did not yield any result. On 13.4.2007 at about 8:00 P.M Sonu, Monu, Rajbir, Head Constable, Suresh Chand and Rameshwar accompanied by three more police officials came and took away Salim Khan so as to pressurise him for compromise. On the same night at 2:30 A.M, the aforesaid persons entered the house of Salim Khan in his absence and inflicted injuries to Shamsheeda and her son Saddam. They were got medico legally examined. The matter was reported to the police, but no action was taken. Finally, FIR regarding this occurrence was registered by the police on 3.2.2007 and investigation was carried out. The accused were arrested on 30.9.2008. They were admitted to regular bail. Feeling aggrieved therewith, this petition has been filed seeking cancellation of bail order. On fresh investigation, conducted by the police, the allegations made by the petitioner have been found to be false. The police is going to submit the cancellation report regarding the FIR in question. It was found that at every step, the petitioner has tried to improve her version. The opinion of the Doctor obtained during investigation revealed that there was no miscarriage and as its consequence, the offence under Section 316 of IPC was deleted. These facts, cumulatively go to show that the impugned bail Criminal Misc. No. M-4259 of 2009 (O&M) -3- order prima-facie does not suffer from any perversity, illegality or material irregularity. That being so, no interference is warranted therein. Consequently, this petition is dismissed. February 16, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? Yes/No