IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.1606 M of 2009 Date of decision: 23.1.2009 Rajinder Kumar @ Laddi ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR.JUSTICE HARBANS LAL Present: Mr.DD Sharma, Advocate for the petitioner Mr.TS Salana, DAG, Punjab *** Harbans Lal, J. This petition has been moved by Rajinder Kumar @ Laddi, under Section 438 of Cr.P.C. seeking anticipatory bail in case FIR No.121 dated 20.10.2008 registered under Sections 323, 324, 326, 34 of IPC at Police Station Bhogpur, District Jalandhar. The brief facts of the prosecution case are that the complainant Piara Singh made the statement in the following terms: “I am a resident of above said address and do cultivation. On 19.10.2008 at about 4.30 PM, I and Kamalpreet Singh s/o Pargat Singh, Jat resident of Kala Bakra were going on our motorcycle to village Nizamdinpur to inquire about combine. When we reached near the house of Gurwinder Singh outside village Nizamdinpur, then Harjinder singh @ Goldi s/o Surjit Singh resident of Nizamdinpur, armed with kirpan, Rajinder Kumar @ Laddi s/o Bhola Ram armed with Kirpan, Gurwinder CRM No.1606 M of 2009 -2- Singh s/o Resham singh armed with Kirpan and Rinku s/o Bhola Ram, armed with Baseball, residents of Nizamdinpur, were standing there. Harjinder Singh @ Goldi signaled us to stop and we stopped. Rajinder Kumar @ Laddi raised a lalkara saying “Catch hold of them and they should not escape and let they be taught a lesson for intimidating us at Kala Bakra.” In the meantime, Gurwinder Singh gave a kirpan blow to Kamalpreet which hit on his left hand. Rajinder Kumar @ Laddi gave a kirpan blow to me, which hit on my left dorsum. Then Harjinder Singh @ Goldi gave a kirpan blow to me, which hit on my right dorsum and on middle finger. Then Rinku s/o Bhola Ram gave a baseball blow to me on my head. We raised an alarm saying 'Mar Ditta, Mar Ditta' ( killed- killed) and a number of persons gathered there, whereupon the assailants fled away with their respective weapons. The cause of grudge is that we had restrained Laddi and Goldi from eve-teasing and due to this reason, they inflicted injures to us. Maninder Singh s/o Satnam Singh r/o Kala Bakra arranged the conveyance and got us admitted in Civil Hospital, Kala Bakra, where we are undergoing treatment.” I have heard the learned counsel for the parties. The learned counsel for the petitioner states that the petitioner has also received four injuries at the left hand. CRM No.1606 M of 2009 -3- On the other hand, the learned counsel for the State puts that the injuries attributed to the petitioner is on the left hand of the complainant with Kirpan blow, which has been declared grievous in nature and that the version put-forth by the petitioner has been found to be false. Keeping in view the fact that the injuries attributed to the petitioner are grievous one and the weapon of offence is yet to be recovered, no ground is made out to admit anticipatory bail to the petitioner. Dismissed January 23, 2009 (Harbans Lal) gsv Judge