Crl. Misc. No. M-35772 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-35772 of 2011 Date of Decision : 14th December, 2011 Balinder Singh .... Petitioner Versus State of Haryana .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Neeraj Kumar, Advocate for the petitioner. Mr. Anil Kumar, Deputy Advocate General, Haryana. * * * L. N. MITTAL, J. (Oral) : By this common order, I am disposing of two cases i.e. Crl. Misc. No.M-35772 of 2011 filed by Balinder Singh and Crl. Misc. No.M- 36795 of 2011 filed by Rohtash, Raju and Vinod, all seeking anticipatory bail in case FIR No.338 dated 16.07.2011 under Sections 148, 149, 323, 324 and 506 IPC and subsequently Section 307 IPC added, registered at Police Station Urban Estate, Rohtak, District Rohtak. I have heard learned counsel for the parties and perused the case files. According to prosecution version, Suman, wife of Rohtash petitioner, telephonically called the complainant to meet her at main gate of bus stand, Rohtak and accordingly, the complainant went there where Suman accompanied by all four petitioners was present. Petitioners Crl. Misc. No. M-35772 of 2011 -2- Rohtash and Raju inflicted blows with suas (sharp pointed sharp weapons) to the complainant whereas accused petitioners Balinder Singh and Vinod inflicted kicks and slaps to the complainant. Petitioners No.2 and 3 are brothers of Suman whereas petitioner Balinder Singh is said to be acquaintance of Rohtash petitioner. Rohtash-petitioner is attributed injury under Section 307 IPC. Raju-petitioner is also attributed injury with sua. The complainant was laid in a trap by the petitioners and caused serious injuries. Accordingly, keeping in view the role of Rohtash and Raju, I do not find it to be a fit case to extend concession of anticipatory bail to them, but find that petitioners Balinder Singh and Vinod deserve the concession of anticipatory bail. In view of the aforesaid, without meaning to express any opinion on merits of the case, Crl. Misc. No.M-35772 of 2011 filed by Balinder Singh is allowed and Crl. Misc. No.M-36795 of 2011 is dismissed qua Rohtash and Raju petitioners No.1 and 2 and is allowed qua petitioner No.3 Vinod. In the event of arrest, Balinder Singh and Vinod, shall be released on interim bail, to the satisfaction of the Arresting Officer, subject to the conditions specified in Section 438(2) of the Code of Criminal Procedure. They shall join investigation as and when required by the police. Presently they are directed to join the investigation on 23.12.2011 at 10.00am and continue to do so as and when required by the police. Crl. Misc. No. M-35772 of 2011 -3- 14th December, 2011 ( L. N. MITTAL ) 'raj' JUDGE