IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-9175 of 2009 and Criminal Misc. No. M-15986 of 2009 Date of decision : July 08, 2009 Anoop ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Deepak Gupta, Advocate for petitioner Anoop Mr. SPS Sidhu, Advocate for petitioner Manoj Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) By this common order, I am disposing two bail petitions i.e. Criminal Misc. No. M-9175 of 2009 filed by Anoop and Criminal Misc. No. M-15986 of 2009, both in case FIR No. 227 dated 1.6.2008 under sections 302,325,506,148,149,109 IPC and section 25 of the Arms Act. According to the prosecution version, both the petitioners armed with rifles, co-accused Happy also armed with rifle, Randeep armed with pistol, Vikas armed with gun, Vishal armed with country made pistol and Mohan armed with gandasi along with 6/7 more persons attacked complainant party in an effort to grab the plot of complainant party. Happy fired from his rifle killing Surinder. Randeep fired from his pistol causing Criminal Misc. No. M-9175 of 2009 and Criminal Misc. No. M-15986 of 2009 -2- fire arm injury to Basay Ram. Mohan inflicted gandasi blows to Mukesh. Complainant Sher Singh was caused injuries by 2/3 boys who were companions of the accused. Petitioners and some of their co-accused also fired in the air to scare away the complainant party. Learned counsel for the petitioners vehemently contended that no fire arm has been recovered from the petitioners. However, this is not a ground for releasing the petitioners on bail when so many persons heavily armed with fire arms committed murder of one person and caused fire arm injuries to one more person and also inflicted injuries to other persons in order to grab the plot of the complainant party. The petitioners had no business to be there at the plot in question because they do not claim any right, title or interest in the said plot. It is, thus, apparent that plot was sought to be grabbed and in that process, murder was committed. In view of the aforesaid but without meaning to express any opinion on the merits, I do not find it to be a fit case for releasing the petitioners on bail. Both the bail petitions are accordingly dismissed. ( L.N. Mittal ) July 08, 2009 Judge 'dalbir'