IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-22721 of 2009 Date of decision : September 08, 2009 Raju and another ....Petitioners versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Deepak Aggarwal, Advocate, for the petitioners Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Raju and Kehar Singh have filed this petition for anticipatory bail in cross case registered under sections 307, 342, 323, 34 IPC vide DDR No. 26 dated 22.3.2009 in FIR No. 179 dated 17.3.2009 under sections 452, 380, 356, 323, 148, 149 IPC, Police Station Kotwali, District Bathinda. I have heard learned counsel for the parties and perused the case file. Occurrence took place at the tea shop of Kaushal Kumar where the petitioners are employed as servants. Tinku and Jagdeep Singh alias Deepa had gone there to take tea. The FIR was registered by Kaushal Kaumr alleging that Tinku and Jagdeep Singh caused injuries to him and broke the chair. After some time other persons also came and caused injuries to them. Criminal Misc. No. M-22721 of 2009 -2- Jagdeep Singh alias Deepa got registered the cross-case in which the petitioners are seeking anticipatory bail. Kaushal Kumar is said to have caused injury falling within the ambit of section 307 IPC. The petitioners were allegedly armed with dang and baseball bat respectively and no specific injury is attributed to them. All injuries except one injury falling under section 307 IPC were found to be simple. Learned counsel for the petitioners contended that there are cross version about the occurrence and the petitioners were only servants at the shop of Kaushal Kumar with whom the fight had taken place. It is also contended that no specific injury is attributed to the petitioners and in any event only simple injuries can be said to have been caused by them. In view of the aforesaid but without meaning to comment anything on merits, the instant petition is allowed. In the event of arrest, the petitioners shall be released on bail to the satisfaction of Arresting Officer subject to the condition that the petitioners shall join investigation as and when required by the police and shall comply with the conditions specified in section 438(2) of Code of Criminal Procedure. Presently the petitioners are directed to join investigation on 15.9.2009 at 10.00 AM and continue to do so as and when required. ( L.N. Mittal ) September 08, 2009 Judge 'dalbir'