CRM No.M-336 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-336 of 2011 Date of decision 25.03.2011 Mati Singh ......Petitioner Versus The State of Haryana ......Respondent Present: Mr. R.N. Lohan, Advocate for the petitioner. Mr. H.S. Deol, Addl. A.G. Haryana. Ms. Shriya Chahar Panjia, Advocate for the complainant. S.S. SARON, J. Heard counsel for the parties. The petitioner-Mati Singh prays for regular bail in case FIR No.198 registered against him on 21.05.2009 for the offences under Section 302, 323, 324, 148, 149 and 506 IPC, Police Station Indri, District Karnal. The FIR in the case has been registered on the statement of Raj Rani. In the incident that occurred on 21.05.2009 at about 3.30 p.m., the petitioner Mati Singh son of Karam Singh gave a ballam blow in the stomach of deceased-Jagir Singh son of the complainant-Raj Rani and his intestine came out. Learned counsel for the petitioner has contended that the complainant side was aggressor. In this regard he has referred to the deposition of Janam Singh, PW-10, who in his cross-examination has stated that the complainant party had come at the spot in a Tata Sumo vehicle duly armed with deadly weapons like Gandasi, lathis and they had CRM No.M-336 of 2011 2 brought a tractor in order to destroy the crop of Karam Singh. Besides, it is submitted that the deposition of Joginder Singh, PW-4 shows that Karam Singh had inflicted injury to Jagir Singh. He gave a barcha blow in the abdomen of deceased Jagir Singh, as a result of which, intestine had come out. Therefore, it is submitted that the complainant side was aggressor besides the fatal injury on the person of deceased is attributed to Karam Singh father of the petitioner. Therefore, it is contended as per the prosecution, the fatal injury is attributed to Karam Singh and not Mati Singh (petitioner). The learned counsel for the State and the complainant have however, submitted that the trial in the case is nearing completion. Out of 29 Pws, 24 have been examined. The case is now fixed for hearing on 06.04.2011. Besides, it is submitted that Raj Rani in her statement clearly states that Mati Singh gave a ballam blow in the stomach of Jagir Singh son of the complainant-Raj Rani and his intestine came out. Besides, it is submitted that while seeking bail for Karam Singh in Criminal Miscellaneous M-9384 of 2010 decided on 13.05.2010, it was submitted that no injury has been attributed to Karam Singh and he raised a 'Lalkara' besides Mati Singh had given a ballam blow in the stomach of Jagir Singh and his intestine came out. Therefore, it is submitted that it does not lie with the petitioner to take inconsistent stands in different bail applications. Besides, it is submitted that the statement of Raj Rani who has been examined, has not supported the case of the petitioner. I have given my thoughtful consideration to the contentions of the learned counsel appearing for the parties. It may be noticed that the contentions raised are to be considered and gone into by the trial Court after evidence has been led. It would be inappropriate for this Court to appreciate the evidence and the contentions as have been raised as the same is likely to prejudice the case of the parties. The case before the trial CRM No.M-336 of 2011 3 Court is nearing completion. Out of 29 Pws, 24 have been examined. Five witnesses remain to be examined. In the FIR the fatal blow is attributed to the petitioner. In the facts and circumstances, no ground for grant of bail is made out. Criminal Miscellaneous petition is dismissed. March 25, 2011 (S.S.SARON) Jyoti 1 JUDGE