IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

210 Date of decision: 08.10.2025 Mahavir ...Petitioner VERSUS State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Sumeet Singh Brar, Advocate, for the petitioner.

Ms. Chhavi Sharma, Astt. AG, Haryana.

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VINOD S. BHARDWAJ, J. (Oral)

The instant first petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (now Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023), for grant of regular bail in case bearing FIR No. 134 dated 18.05.2021, registered under Section(s) 148, 149, 323, 324, 341, 307, 506 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 at Police Station Civil Lines Sirsa, District Sirsa.

2. Briefly summarized, the case of the prosecution is that Balwan, resident of Flat No.307-G, Sector 19, HUDA, Sirsa made a complaint before the police to the effect that on 15.05.2021 at about 05:00 PM he was going towards the main gate of the flats in connection with some personal work, where someone informed him that his son Bittu was being beaten by 10-15 boys with Lathis, Dandas and sword and when the complainant reached the road in front of the closed shop near shopping complex, he saw that one Nannu son of Fakir Chand gave two sword blows at the hands of his son Bittu due to which he sustained injuries in his hand and thereafter, Ravi caused injury on the head of his son due to which he fell down on the ground and became unconscious. When the complainant tried to reach to his son, Sahil alias Hakla son of Ramjane and Sagar son of Ramesh and Sahil son of Fakir Chand obstructed his way and pointed a pistol on his chest and at that time, Rinku alias Julfi, Ravi, alongwith their companions Nannu son of Fakir Chand, Akash son of Bhagirath, Sandeep and his brother, Shambhu, Khushi Ram, Kalu Sorgar alongwith 4-5 unknown boys started beating him with lathi, danda and swords. In the meantime, Sahil son of Fakir Chand gave an iron rod blow at the head of the complainant due to which he sustained injuries and fell on the ground and thereafter, Rinku gave danda blows to him. Ravi and Nannu caused injuries to him with iron rod and thereafter he became unconscious. The petitioners-accused issued life threats to them and said that they will not spare both father and son. The complainant was shifted to Hope Neuro Hospital, Sirsa from where he got his treatment. On the basis of this statement, the present FIR was registered. During investigation, after obtaining medical opinion Section 307 of the IPC was added.

3. Learned counsel for the petitioner inter alia contends that out of the 08 persons nominated as accused, 07 have already been granted concession of bail vide orders of different dates. He contends that name of the petitioner figured in a disclosure statement of co-accused as well in the statement of Bittu (son of the complainant). He submits that no specific role or injury has been attributed to the petitioner and he has already undergone an actual sentence of more than 08 months. He further submits that out of 18 witnesses cited by the prosecution none has been examined so far.

4. Learned State Counsel on the other hand does not dispute any of the averments noticed above as well as the fact that all other co-accused have been granted concession of bail in the present case and that no specific role or injury has been attributed to the petitioner.

5. Taking into consideration the abovesaid facts, the period of actual custody of the petitioner, the stage of the trial and along with status of the other co-accused, I deem it appropriate to allow the instant petition.

6. Accordingly, the instant petition is allowed and the petitioner is ordered to be admitted to regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate concerned.

7. It is made clear that the petitioner shall not extend any threat and shall not influence any prosecution