Criminal Misc. No. M-19269 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-19269 of 2009 (O&M) Date of Decision:10.11.2009 Dilbag @ Bhaga .....Petitioner Vs. State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Sandeep Gahlawat, Advocate for the petitioner. Mr. Amit Kaushik, Assistant Advocate General, Haryana. **** HARBANS LAL, J. This petition has been moved by Dilbag @ Bhag under Section 439 of the Code of Criminal Procedure seeking his regular bail in case FIR No.188 dated 14.8.2007 registered under Sections 302, 341, 323, 324, 148 read with Section 149 of IPC at Police Station Pundri, District Kaithal. The facts in brief are that Karam Singh made a statement before the police in the terms that on 14.8.2007at about 5:30 P.M., his brother Shamsher Singh went from his house to the field of Didar Singh Ex- Sarpanch for sowing jawar crop after taking the tractor from his (complainant) house. He and his brother Tejvir were also going towards that field. When they were at some distance from my house, the accused who were armed with different weapons stopped the tractor of Shamsher Singh and made him to dismount from the tractor. Ratia caught hold of Shamsher Singh. Ramesh was armed with gandasi. Jinder was armed with Criminal Misc. No. M-19269 of 2009 (O&M) -2- lathi. Ramphal was holding lathi. The remaining accused were empty handed. Bhagga (referring to the petitioner) raised a lalkara that Shamsher be caught and murdered whereupon Pawan and Salender held Shamsher Singh. Rajpal gave two knife blows out of which one struck on the left side of chest and the other one rested on the left hand of Shamsher Singh, who fell down. Thereafter, Rajpal repeated another knife blow which landed on the left-side of abdomen of Shamsher Singh. When he (Karam Singh), his brother Teja tried to rescue Shamsher Singh, then all of them caught hold of Teja and Ramesh inflicted a gandasi blow to him (complainant), which struck near his left eye. Jinder inflicted lathi blows which struck on his (complainant) back and on left elbow. Then Bhagga ran away towards his house and brought a knife from his house and inflicted knife blow which struck in the abdomen as well as middle finger of right hand of Teja. On being raised alarm, many persons were attracted to the place of occurrence. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. The injuries attributed to the petitioner being on sensitive and vital part of the body of the deceased, no case is made out for grant of bail. Sequelly, this petition is dismissed. November 10, 2009 ( HARBANS LAL ) renu JUDGE