IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-25322 of 2009
Date of Decision : November 17, 2009
Maha Singh
... Petitioner
versus
State of Haryana
... Respondent
Present: Mr. R.S.Cheema, Senior Advocate with
Mr. R.K. Trikha, Advocate for the petitioner
Mr. Sidharath Sarup, AAG Haryana with
Mr. RS Budhwar, Advocate for the complainant
L. N. Mittal, J.
Maha Singh has filed this petition for bail in case FIR No. 404
dated 30.9.2008 under sections 323, 324, 325, 302 read with section 34 IPC,
Police Station Assandh, District Karnal.
I have heard learned counsel for the parties and perused the
case file.
According to prosecution version, the petitioner inflicted lathi
blows on chest and leg of the deceased. Co-accused Satpal inflicted sword
blow on the right leg of the deceased whereas another co-accused
Dharampal inflicted gandasi blow on the head of the deceased.
Learned counsel for the petitioner contended that petitioner’s
co-accused Satpal has already been granted bail by this Court vide order
Annexure P/12 and the petitioner is almost on parity with him. The
contention cannot be accepted because sword blow had been attributed to
Criminal Misc. No. M-25322 of 2009 -2-
Satpal but no corresponding injury was found on the body of the deceased
as there was no incised wound on the leg of the deceased. On the other
hand, lathi blows are attributed to the petitioner on chest and leg of the
deceased and corresponding injuries have been found on his body. Not
only that, there were multiple fractures of leg bones. Keeping in view the
role attributed to the petitioner, he cannot claim parity with Satpal in the
aforesaid circumstances.
In view of the aforesaid but without commenting anything on
merits, the petitioner does not deserve the concession of bail.
Dismissed.
( L. N. Mittal )
November 17, 2009 Judge
'dalbir'