In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-23981 of 2010 ..... Date of decision:19.8.2010 Duni Chand and others .....Petitioners v. State of Haryana .....Respondent .... Present: Mr. Gorakh Nath, Advocate for the petitioners. ..... S.S. Saron, J. Heard learned counsel for the petitioners. The petitioners seek pre-arrest bail in a case registered against them on 18.7.2010 for the offences under Sections 148, 149, 323, 324, 326 and 452 Indian Penal Code (`IPC' – for short). The FIR has been registered on the statement of Parampal son of Kulwant. It is alleged by the complainant that he does labour work. On 14.7.2010 at about 8/9.00 p.m., he was present at his house with his family members and were taking their meal. The door of the house was closed. A noise was heard outside the house, on hearing which his father went near the door. In the street outside Joginder Singh (non-petitioner) was present and as soon as the door was opened he entered the house. He was carrying a Kirpan in his hand and he gave one Kirpan blow on the wrist of left hand of the complainant. Thereafter Tarsem Singh alias Kala (non-petitioner) gave a Datar blow on the right temple of the complainant and the Cr. Misc. No.M-23981 of 2010 [2] complainant fell down. The father of the complainant, namely, Kulwant tried to rescue him but they caused injuries to him also. Thereafter, Hardeep and Bholu (non-petitioners), Inderjit Singh (non-petitioner), Chhinder Pal (non-petitioner), Sukhwinder (non-petitioner), Teja Singh (non-petitioner), Duni Chand and Sukha (petitioners No.1 and 2), Kulwant Kaur (petitioner No.3), Shammi (non-petitioner), who were carrying lathis and rods caused injuries to the sister of the complainant, namely, Maninder. The complainant raised an alarm of `Maar Diya, Maar Diya' and thereafter number of persons gathered there from the neighbourhood. On seeing them, the assailants went away with their respective weapons. Thereafter, the mother's sister's husband (Massar) of the complainant, namely, Paramjit Singh son of Kundan Singh after making arrangement of a vehicle got them admitted in hospital. The cause of the grievance was that a few days ago the wife of Inderjit had gone away without telling the members of her family and after many days she came back. They had made a false complaint that the mother's sister (Mausi) of the complainant, namely, Jaswinder Kaur alias Bansi had made Inderjeet's wife run away from the house. On that account they had caused injuries to the complainant and the members of his family. Learned counsel for the petitioner has submitted that on medical examination of Parampal two injuries were found. Injury No.1 was caused with a sharp weapon and injury No.2 was caused by a blunt weapon and the said injury was simple in nature. X-ray was advised for injury No.1. On medico-legal examination of Kulwant Singh, four injuries were found and injuries No.1 and 2 were caused by a blunt weapon, injury No.3 by a Cr. Misc. No.M-23981 of 2010 [3] sharp weapon and injury No.4 was regarding complaint of pain on the left foot. Injuries No.1, 2 and 4 were referred to the Surgeon for his opinion. Injury No.3 was declared simple. On medical examination of Maninder- sister of the complainant, two injuries were found on her person and both were caused by a blunt weapon and X-ray was advised for injury No.1. On medical examination of Gurmej Singh son of Shamsher Singh, the doctor found four injuries. Injury No.4 was simple and X-ray was advised for the remaining injuries. Tarsem alias Kala accused was also medically examined on 15.7.2010 and three injuries were found on his person. Injury No.1 was kept under observation and X-ray was advised. Injuries No.2 and 3 were declared simple in nature. Joginder-accused was also subjected to medical examination and one injury was found on his right finger. X-ray was advised. On the medical examination of Inderjit Singh, five injuries were found which were simple in nature and had been caused by a blunt weapon. Besides, three injuries were found on the person of Teja Singh-accused which were caused by blunt weapon. Injuries No.1 and 2 were kept under observation. It is submitted that the injuries suffered by the accused had not been explained by the prosecution and, therefore, the genesis of the occurrence has not been established. It is submitted that considering the fact that injuries attributed to the petitioners are simple in nature, the petitioners are entitled to the concession of pre-arrest bail. After giving my thoughtful consideration to the matter, I find no merit in the same. The petitioners along with others had entered the house of the complainant at 8/9.00 p.m. at night. They caused injuries on the person of the complainant side. The complainant-Parampal was injured, Cr. Misc. No.M-23981 of 2010 [4] his father Kulwant Singh and his sister Maninder were also injured. The fact regarding explanation of injuries on the person of the accused is not to be gone into at this stage and is to be considered by the investigating authorities or the Court as the case may be. It is not a case where at this stage it can be said that the complainant or the witnesses have denied the presence of injuries on the person of the accused so as to hold that they are lying on a most material point and, therefore, their evidence is unreliable. This aspect is to be considered in case there is denial by the complainant or the witnesses as regards the injuries on the person of the accused. Keeping in view the fact that the petitioners had entered the house of the complainant at night and caused injuries to the complainant side at his house, no ground for grant of pre-arrest bail is made out. The criminal miscellaneous petition is accordingly dismissed. August 19, 2010. (S.S. Saron) Judge *hsp*