Crl. Misc. No.M-4334 of 2011 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-4334 of 2011 Date of decision: 22.02.2011 Fajri and another .. Petitioners Versus State of Haryana .. Respondent Present:- Mr.Tara Chand, Advocate, for the petitioners. Mr.G.S. Sandhu, AA.G., Haryana. Mr.Karan Pathak, Advocate, and Mr.Jamshed Ahmed, Advocate, for the complainant. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioners seek pre-arrest bail in a case registered against them for the offences under Sections 323, 324, 506 and 34 IPC; besides, Sections 326 and 307 IPC, which were added later, at Police Station Nagina, District Mewat. The FIR, in the case, has been registered on 14.11.2010 in respect of the incident that occurred on 27.10.2010 at about 11.00 a.m.. According to the complainant-Abdul Gaffar, he and his wife Asmina and his niece Afsana (daughter of Hanif) were piling heaps of Jawahar in front of their house. Fajri (petitioner No.1) wife of Jamil came there and said that the brother of the complainant's wife i.e. Hanif has to depose in their case and he should be told not to depose. The complainant said that he would depose and she (Fajri) should go home. Crl. Misc. No.M-4334 of 2011 ::2:: On this, Fajri (petitioner No.1) started calling bad names to the complainant. In the meantime, Jamil (husband of Fajri-petitioner No.1) (non-petitioner) came. He was armed with kulhari. Jamil gave a kulhari blow on the right side of the head of the complainant-Abdul Gaffar. Thereafter, Mubarik (non-petitioner) and Ahmed (petitioner No.2) sons of Jamil also came there. Mubarik was armed with a farsa and he gave a blow on left side of the head of the complainant. Fajri (petitioner No.1) gave a danda blow above the right eye of the complainant. The complainant fell on the ground and while lying on the ground, he saw that his (complainant's) niece-Afsana fell upon him (complainant) and Mubarik gave a farsa blow on the left hand of Afsana (daughter of Hanif) while she (Afsana-niece of the complainant) was lying; besides, Ahmed (petitioner No.2) gave a lathi blow on the back of the niece of the complainant. Fajri (petitioner No.1) gave a danda blow on the left hand of Asmina (wife of the complainant-Abdul Gaffar). Ahmed (petitioner No.2) gave a lathi blow on the back and leg of the complainant. They (complainant's side) raised a noise of 'bachao bachao' then Ibrahim Meo (brother of the complainant) and Tarif son of Safi came at the spot and rescued the complainant's side from the said assailants otherwise, they would have beaten them. While going, these persons were saying that today they (complainant's side) have been saved if they would get a chance later on, they would kill them (complainant's side). All the persons had beaten the complainant. The statement of the complainant was recorded. It is submitted by the learned counsel for the petitioners that the date of birth of Ahmed (petitioner No.2) is 03.12.1992 and he was less than 18 years on the date of the incident i.e. 27.10.2010. Therefore, being a juvenile, he (Ahmed-petitioner No.2) is entitled to the concession of pre-arrest bail. Besides, Fajri (petitioner No.1) was carrying a danda and a Crl. Misc. No.M-4334 of 2011 ::3:: below on the right eye has only been attributed to her. Learned counsel appearing for the complainant has submitted that Fajri (petitioner No.1) is an accused in case FIR No.206 dated 18.12.2004 registered at Police Station Nagina, District Gurgaon (now District Mewat), for the offences under Sections 323, 324 and 325 IPC and brother of the complainant's wife i.e. brother of Asmina namely Hanif is to depose in that case. The danda blow attributed to the petitioner No.1-Fajri is on a vital part; besides, husband of Fajri (petitioner No.1) gave a kulhari blow on the right side of the head of the complainant-Abdul Gaffar. Mubarik son of Fajri (petitioner No.1) also came there. Ahmed (petitioner No.2) is attributed a lathi blow on the back of the niece of the complainant namely Afsana; besides, a lathi blow on the back and leg of the complainant. It may be noticed that Fajri (petitioner No.1) is one of the main accused who started the entire fight. She had come to the house of the complainant and asked the wife of the complainant namely Asmina that her brother namely Hanif was to depose in the case pending against them and he should not depose. Besides, she called bad names to the complainant. Indeed, FIR No.206 dated 18.12.2004 registered at Police Station Nagina, District Gurgaon (now District Mewat) is pending against the petitioners' side for the offences under Sections 323, 324 and 325 IPC. Hanif (brother of Asmina) is to depose in the said case. Fajri (petitioner No.1) herself is attributed a danda blow above the right eye of the complainant-Abdul Gaffar. Therefore, Fajri (petitioner No.1) is not entitled to the concession of pre-arrest bail. However, Ahmed (petitioner No.2) has been attributed simple injuries; besides, he is a juvenile. In the circumstances, Ahmed (petitioner No.2) is entitled to the concession of pre-arrest bail. Crl. Misc. No.M-4334 of 2011 ::4:: The criminal miscellaneous petition is accordingly dismissed qua Fajri (petitioner No.1). However, Ahmed (petitioner No.2), in the event of his arrest, shall be admitted to bail on his furnishing personal bond and surety to the satisfaction of the Arresting/Investigating Officer. Petitioner No.2/Ahmed shall join the investigation as and when called; besides, he shall abide by the conditions of Section 438(2) Cr.P.C. (S.S. SARON) February 22, 2011 JUDGE sukhpreet