CRM-M 19498 of 2009 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M 19498 of 2009 (O&M) Date of Decision: 25.8.2009 Sanjay and another ..Petitioners. Vs. State of Haryana ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Jitender Dhanda, Advocate for the petitioners. Mr.Partap Singh, Sr.DAG Haryana for the State/respondent. Mr.R.S.Chahal, Advocate for the complainant. RAKESH KUMAR JAIN, J. This is a petition under Section 438 Cr.P.C. for grant of anticipatory bail in complaint case No.197-1 of 2008, titled as Surinder Vs. Sanjay and others filed under Sections 307, 326, 324, 323 read with Section 34 and 506 IPC, pending in the Court of JMIC Hansi. Briefly stated the allegations contained in the complaint are that on 12.6.2008 at about 7 A.M., Ram Kishan son of Jag Ram, uncle of the complainant sent him to his plot to check bricks etc.. He went there and saw Sube Singh and his wife Ram Rati putting bricks for construction of house in the same plot. The complainant questioned them about their action but in the meantime, Pawan son of Sultan Singh, Sube Singh and Krishna wife of Sultan Singh, came from behind and encircled the complainant. On hearing noise, Sanjay armed with Kulhari and Raj Kumar armed with Gandasi, gave blow on the head of the complainant. The complainant fell down but still CRM-M 19498 of 2009 (O&M) -2- Raj Kumar gave gandasi blow on the back of the complainant. This incident was witnessed by Ram Kishan who intervened to save the complainant but Raj Kumar who was having gandasi, gave another blow on the head of Ram Kishan whereas Sube Singh gave a lathi blow on his left shoulder, Ram Ratti caught hold of Ram Kishan from behind and Krishna caught hold of both the hands of Ram Kishan and all the persons gave injuries with intention to kill Ram Kishan and complainant. Anil and Sultan who were having bricks, gave brick-bat blows to the complainant. This occurrence was witnessed by Dharambir son of Jivan Ram and Monu son of Rajbir. The case of the complainant is that police registered case vide FIR No.198 dated 12.6.2008 under Sections 323/324 IPC against Ram Kishan etc. after recording preliminary evidence of as many as seven witnesses. The learned JMIC, Hansi vide his order dated 21.4.2009 summoned the petitioners under Sections 307/326/324/323/148/149 read with Section 34 and 506 IPC on the ground that as per the opinion of the doctor, head injury inflicted upon Surender (complainant) was dangerous to his life. Since the offence under which the petitioners have been summoned vide order dated 21.4.2009 was non-bailable, therefore, the petitioners had applied for anticipatory bail before Additional Sessions Judge, Hisar which was dismissed on 16.7.2009. It has been argued by the counsel for the petitioners that the petitioners have appeared before the Court below in terms of the order passed by this Court and have been released on interim bail. Certified copy of the order dated 16.7.2009 has also been placed on record. It is also submitted that there is only one injury on the head of the injured. It is also submitted that there is a delay of 4 months' in filing of the complaint. The CRM-M 19498 of 2009 (O&M) -3- petitioners also suffered injuries at the hands of the complainant party and opinion of the doctor is procured. As against this, learned counsel for the complainant has argued that as per medicolegal report of Surender (complainant), bone of the skull has broken to the extent that brain material was visible. It is also submitted that the petitioners have used sharp-edged weapons like Kulhari and Gandasi in the said occurrence. After hearing the learned counsel for the parties and keeping in view the injury on the person of the complainant in which skull has been broken and brain material became visible, I do not find it to be a fit case for grant of anticipatory bail to the petitioner and hence the same is hereby dismissed. (Rakesh Kumar Jain) 25.8.2009 Judge Meenu