Crl.Misc. No.M-19736 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-19736 of 2010 Date of Decision: 12.10.2010 Monu Bansal @ Tejinder Bansal .... Petitioner Versus State of Haryana .... Respondent Present: Mr.Narinder Singh Dhillon, Advocate for the petitioner Mr. K.C.Gupta, Sr. DAG, Haryana **** S.S.SARON, J (ORAL) Heard learned Counsel for the parties. The petitioner seeks regular bail in a case registered against him on 13.06.2009 under Sections 148,149,323,325,452,380, 307, 506 IPC. The FIR in the case has been registered on the statement of Kulwinder Singh son of Jaimail Singh, who has alleged that on 12.06.2009 at about 5:00 pm, Gurnam Singh son of Harlal Singh came to the shop of complainant and he gave him ` 2.5 lacs which he had brought from the Anaj Mandi. One boy of Dhumsi who was from Dankpancha Biradari was watching him. Then, at about 6 pm about 15 to 20 boys came in front of the shop of the complainant, 3-4 boys were having sticks in their hands. One Malkiat Singh resident of Dera Ladwa entered in the shop of the Crl.Misc. No.M-19736 of 2010 complainant. At that time the complainant was doing service of a motor cycle. They started beating him. Complainant got up and ran away but they also ran behind him. Out of them some of the boys entered the shop of Surinder Kumar son of Ram Nath. The complainant fell down outside his shop and became unconscious. Injuries were caused to the complainant on his head and fingers of right hand. The shop of the cousins of the complainant namely Gurmukh Singh and Surinder Singh adjoins the shop of the complainant. When the complainant regained consciousness he came to know that Surinder and Sandeep had got him admitted in the hospital. On regaining consciousness the complainant told his uncle Gurnam Singh that there was no money in the shop. According to the complainant, Malkiat Singh etc. had taken the money and damaged the motorcycle which he was repairing. Thereafter, a supplementary statement of Kulwinder Singh complainant was recorded on 14.6.2009. In the supplementary statement it was stated that in his earlier statement he got the name of Mailkiat Singh recorded whereas his real name was Gurdeep Singh. I have given thoughtful consideration to the matter. It may be noticed that the injury in respect of the offence under Section 307 IPC is on the left side of the temporal region of Surinder son of Ram Nath. According to the statement of Surinder Singh-injured it is alleged that he has shop of electric goods near Hanuman Mandir on Indri Ladwa road. Near his shop is the shop of Kulwinder Singh and Gurmukh Singh. On 12.06.2009 he was at his shop and at about 6:30 pm, about 10-15 persons came outside the shop. Out of them 4-5 boys one Mukesh entered the shop of Surinder Singh. They beat him and they took ` 53,000/- to ` 54,000/- cash. Out of the said amount ` 40,000/- was given to Surender Singh on that day itself by Crl.Misc. No.M-19736 of 2010 Ashok Kumar, Commission agent and ` 13,000/- to ` 14,000/- was sale of that day. Surinder Singh was admitted in CMC Hospital Ladwa. He was referred to LNJP Hospital but he was taken to Yamunanagar. The injury no.2 on the head of Surinder Singh is a lacerated wound 1.5 Cm x 0.5 Cm, bone deep on the left temporal region. The CT scan showed fracture of the left temporal region. The said injury, however, is not attributed to the petitioner and infact it is not clear as to whom it is attributed. Co-accused of the petitioner namely Gurdeep Singh and Balwinder Singh have been granted the concession of bail by this Court on 17.5.2010. The petitioner has not been attributed any specific injury. The complainant and injured Surinder Singh have since been discharged from the hospital and it is not the case of the prosecution that they suffered any permanent disability. The accused is in custody since 20-4-2010. The trial in the case is likely to take time. In the facts and circumstances of the case the petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Kurukshetra, shall be admitted to bail. Criminal Miscellaneous petition stands disposed of. (S.S.Saron) 12.10.2010 JUDGE gyan