Crl. Misc.No.M 29738 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc.No.M 29738 of 2010 Date of Decision:-18.11.2010 Rajinder. ......Petitioner. Versus State of Haryana. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Kunal Dawar, Advocate for the Petitioner. Mr. M.S. Sindhu, Additional Advocate General, Haryana. Mr. Raj Mohan Singh, Advocate for the Complainant. *** JASWANT SINGH, J(ORAL) Prayer is for grant of regular bail under section 439 Cr.PC to the petitioner Rajinder in case bearing FIR No.125 dated 13.9.2010 under sections 148, 149, 323, 452, 506 of the Indian Penal Code(Section 307 IPC and Section 25 of the Arms Act added later on) registered with police Station Chhainsa, District Faridabad, Haryana. As per allegations in the FIR, petitioner is alleged to have caught hold of complainant Bhupinder Vats whole brother of the petitioner, namely, Jaiki is alleged to have fired shot at him from his country made pistol which grazed the back portion of Sanjay(cousin of the complainant). Crl. Misc.No.M 29738 of 2010 #2# Petitioner is further alleged to have given a hockey stick blow on the left eye of the complainant and finger of his hand, which was found broken. Learned counsel for the petitioner submits that there is a cross version of the incident. He states that in fact that complainant party had waylaid Rajinder on the street while he was going home and snatched his motor cycle and inflicted injuries. He has referred to the MLR Annexure P- 1(at page 17) which was prepared on his examination at General Hospital, Ballabhgarh. Perusal of the same shows that he has suffered three injuries including incised and blunt. One injury is also stated to be on the head. It is further submitted that the police was conniving with the complainant party and did not lodge their cross version and as a result the petitioner was constrained to file a criminal complaint which is pending for 23.12.2010. It is further submitted that petitioner is in custody since 17.9.2010 and challan qua him has been presented. It is also pointed out that there is a political rivalry between the two as the father of the petitioner namely Om Parkash has successfully contested the election of sarpanch of the village against the father of the complainant, who is the ex-sarpanch. Learned State Counsel on instructions from ASI Kalu Ram does not dispute that the challan in the present case has been presented. Keeping in view the fact that there are cross versions of the occurrence wherein the petitioner has also suffered incised injuries and the fact that the challan has been presented and without expressing opinion on the merits of the case, I deem it appropriate to grant the concession of regular bail to the petitioner. As such the petition is allowed and petitioner Crl. Misc.No.M 29738 of 2010 #3# is directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Faridabad. ( JASWANT SINGH ) JUDGE 18th November, 2010 Vinay