IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-31740 of 2008 Date of Decision: December 03, 2008 Lakhmir Singh .....PETITIONER(S) VERSUS State of Haryana .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. R.N. Kush, Advocate, with Mr. Y.S. Turka, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.164 dated 1.11.2008 lodged for offences under Section(s) 307, 34 IPC with Police Station, Sadar, Ambala. Learned counsel contends that a drunkard came on a religious function and fell in the fire. The petitioner could not have been implicated for the same. The other argument is that there is a delay in lodging of the FIR in so much as incident took place on 23.10.2008 while FIR has been lodged on 1.11.2008. Learned counsel further contends that no recovery is to be effected from the petitioner and Crl. Misc. No. M-31740 of 2008 [2] simple injuries have been received by injured, Amar Singh. I have considered the contentions of the learned counsel. Perusal of FIR indicates that on 23.10.2008, when the complainant went to Guga Mari to pay obeisance at about 9.00 PM, the petitioner came swinging from one side to other and caught hold of both the arms of the complainant. The complainant was pulled and pushed into the fire. Right portion of the body and arm got burnt. So far as delay is concerned, prima facie the same stands explained. I have considered the contention of learned counsel in the context of allegations made. The manner in which the incident is alleged to have been taken place, does not entitle the petitioner to any relief under Section 438 Cr.P.C. dehors the fact that no recovery is to be effected. The petition is dismissed. (AJAI LAMBA) December 03, 2008 JUDGE avin