CRM No. M- 1428 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh CRM No. M- 1428 of 2009 Decided on:- 02.03.2009 Jyoti Sarup .....Petitioner Versus State of Punjab .....Respondent CRM No. M- 29827 of 2008 Decided on:- 02.03.2009 Nirmal Singh @ Ladi .....Petitioner Versus State of Punjab .....Respondent Coram Hon'ble Mr. Justice K. C. Puri Present Mr. Atul Lakhanpal , Sr. Advocate with Mr. R. S. Chahal, Advocate for the petitioners. Mr. P. S. Bajwa, A.A.G. Punjab. Mr. Parminder Singh, Advocate for the complainant. K. C. Puri,J (Oral) By this order, I intend to dispose of CRM No. M-1428 of 2009, titled Jyoti Sarup v. State of Punjab and CRM No. M- 29827 of 2008, titled Nirmal Singh @ Ladi v. State of Punjab as both arise from the same FIR. As per allegations of the prosecution, Harish Kumar son of Om Parkash set the law into motion by stating that his cousin Mohinder Pal arranged a party in Shagun Palace, Grain Market, Devigarh on the eve of celebration of birthday of his daughter's son. All the relatives were present. It is further alleged that complainant and son of his father's sister Rinku Chawla went outside the palace to urinate where Narinder Pal, Jyoti sons of Madan Lal were sitting on the canal minor bridge. An altercation took place between them due to their urinating. At this , Rinku son of his father's sister told them that I am a relative of Mohinder Pal. At this, he told that Mohinder Pal is not a head, call him, we will see him. Complainant CRM No. M- 1428 of 2009 2 disclosed entire talk to Mohinder Pal, his cousin. At this, Mohinder Pal accompanied him and came out from the palace and Rinku who was already standing near the bridge canal there. In the meantime, Nirmal Singh @ Ladi son of Madan Lal armed with Lathi, Sunil @ Sonu son of Narinder Pal armed with lathi came there. Mohinder Pal told Narinder Pal to spare them as celebration was going on. Then Jyoti and Narinder Pal raised lalkara exhorted Sonu to give lathi blow in the head of Narinder Pal and to finish him one for all. Upon this Sunil @ Sonu gave a lathi blow on the head of Mohinder Pal, which he was holding in his hand, in their presence. Mohinder Pal, had fallen down on the ground due to lathi blow and became unconscious. He was removed to Rajindra Hospital, Patiala who lateron succumbed to the injuries. It is further alleged that motive behind fight is that a few days ago Mohinder Pal had demanded his money from Narinder Pal for the clothes purchased by him from the shop. Due to that an altercation took place between Mohinder Pal and Narinder Pal and Narinder Pal had given threat that as and when opportunity is available, he will kill him. In this case, injuries have been attributed to Sunil @ Sonu. According to the State counsel on instructions from HC Surrender Singh, there were two eye witnesses i.e Harish Kumar complainant and Rinku Chawla. Both of them have been examined and have not supported the case of the prosecution. Moreover, the only part attributed to the applicant- petitioners is to the lalkara. Moreover, learned counsel for the complainant has also not opposed the petition. So, bail to the satisfaction of trial Court. March 2, 2009 ( K. C. Puri ) mamta Judge