In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-3530 of 2009 Date of decision: 2.3.2009 Tek Chand and another ........petitioners vs. State of Haryana ........respondent. CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Gaurav Kathuria, Advocate, for the petitioners. Mr.Sidharth Sarup, AAG, Haryana. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioners in case FIR No. 152 dated 20.10.2008, under Sections 323/324/326/34 of the Indian Penal Code (for short 'IPC') and subsequently added Section 307 IPC at Police Station Hassanpur, Faridabad. The prosecution story, in brief, as per FIR, as mentioned in para 2 of the petition is as under:- “I am residing at village Attva and working in a factory at Ballabgarh. We are two brothers elder one is Takchand and younger is myself. We have 7 acres of land which came from inheritance. I and my brother is fighting since many years for this piece of land. I have filed two cases one is High Court at Chandigarh and another is Palwal Criminal Misc. No.M-3530 of 2009 -2- court. My brother Tekchand wants to grab my share forcibly. On dated 06.10.2008 at about 7.30 to 8.00 a.m. I along with my wife Sharamwati my son Budesh going towards our fields on tractor. When we were near to our land then my brother Takchand his wife Sharbat, son Vijender, Murari, Ghanshyam sons of Takchand, Rajbeer son of Khemchand, Sunder son of Harprashad brahman and Premchand son of Harprasad resident of Batta P.S.Chant, Laxman son of Mishri resident of Udaypur P.S.Tappal all are hiding in the fields of Bhagwan Sahai where Bajra was sown. When we reached there then the above said persons came along with Lathis in their hand and stopped, gheroed us and Tekchand had told that today we will not spare you for cultivating the land. After saying this Bijender and Ghansyam had given a lathi blow to my son Budesh one right shoulder and another on head respectively. When my wife Sharamwati intervened to save my son Budesh then Laxman had given a lathi blow on her head and another lathi blow given by Sharbat on right hand another lathi blow was given by Tekchand on left hand and Sunder had given a lathi blow on her chest and Takchand had given a lathi blow on my left feet and Bijender had given a lathi blow under my left knee and Laxman had given a lathi blow on my waist, Rajbeer gave kicks and punch blow to me and Bijender had given a lathi blow on fingers of my left feet thereafter my son Premchand and my brother-in-law Ved Parkash s/o Ram Criminal Misc. No.M-3530 of 2009 -3- Pratap resident of Attari came there upon their intervention all the above said persons ran away with their respected weapons. Thereafter, Prakash s/o Ram Narayan Gujjar r/o Bilojpur, Bhagirath s/o Aman Gujjar r/o Kashipur reached at this spot due to their intervention we are alive. All the above said persons while running away from the spot given the life threat to us by saying that today you are saved but we will not spare you and eliminate you thereafter I became unconscious when I got my consciousness I was at B.K.hospital Faridabad. Statement heard is correct please take action. Sd/- Rajinder Prasad.” The present case is a case of cross-version. Persons from both the sides have suffered injuries. Petitioner No.1 has also suffered injuries on his head. Accordingly, this petition is disposed of with a direction to the petitioners that they should surrender before the trial Court and move an application for regular bail and the trial Court shall dispose of the said application on the same day. (SABINA) JUDGE March 02, 2009 anita