In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-9318 of 2008 (O&M) Date of decision: 02.04.2009 Harphool Singh and others ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sunil Chadha , Advocate, for the petitioners. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of anticipatory bail to the petitioners, who have been summoned under Section 319 Cr.P.C. as additional accused in the cross case registered originally under Sections 323, 324, 452, 148 and 149 of the Indian Penal Code ('IPC' for short) but challan presented in the said cross case only under Sections 302, 325, 452, 323, 324, 506 and 34 IPC, in FIR No. 69 dated 13.4.2007, under Sections 323, 341, 506 and 34 IPC registered at Police Station Sadar Khanna, Police District Khanna. Allegations against the petitioners are that, petitioner No.3 Hakam Singh gave iron rod blow on the bicep of left arm of the deceased. Petitioner No.4 Bant Singh gave iron rod blow on the left leg near ankle of the deceased. Learned counsel for the petitioners has submitted that the petitioners are innocent. In fact, Joginder Singh had been inflicted injuries by Suraj Giri, Chhappan Giri and Mahant Parmod Giri. Criminal Misc. No.M-9318 of 2008 (O&M) -2- Petitioners and co-accused Zora Singh have been falsely involved in this case. So far as petitioner No.3 Hakam Singh and petitioner No.4 Bant Singh are concerned, they have been attributed specific injuries on the person of the deceased. Although the said petitioners were found innocent during investigation but they have been summoned under Section 319 Cr.P.C. to face trial. Keeping in view the fact that specific injuries are attributed to the said petitioners, no ground for grant of anticipatory bail to them is made out. Accordingly, petition qua them i.e. petitioner Nos. 3 and 4 is dismissed. However, in case the petitioners surrender before the trial Court on the date fixed i.e. 4.4.2009 and apply for regular bail, the same be disposed of expeditiously preferably within three days. So far as Petitioner No.1 Harphool Singh is concerned, he has been attributed injuries on the person of injured Daljit Kaur. As per learned counsel for the petitioners, all the injuries on the person of injured Daljit Kaur are declared simple in nature. During investigation, petitioner No.1 was found innocent but he has been summoned to face trial under Section 319 Cr.P.C. So far as petitioner No.2 Surjit Singh is concerned, no specific injury has been attributed to him and he was found innocent during investigation but his name was kept in column No.2 at the time of presentation of challan. Notice of motion qua petitioner Nos. 1 and 2 (Harphool Singh and Surjit Singh respectively) for 27.5.2009. Criminal Misc. No.M-9318 of 2008 (O&M) -3- In the meantime, they (petitioner Nos.1 and 2) are directed to surrender before the trial Court and they shall be released on interim bail subject to the satisfaction of the said Court. (SABINA) JUDGE April 02, 2009 anita