CRM No. M-22906 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-22906 of 2009 (O&M) Date of decision: 20.8.2009 Kaka @ Harwinder Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. A.S. Dhaliwal, Advocate, for the petitioners. Rajan Gupta, J. This is a petition for grant of anticipatory bail in a case registered against the petitioners under Sections 324, 323, 148, 149, 427 IPC at Police Station Moga City, District Moga, vide FIR No.119 dated 22nd July, 2009. Allegations against the petitioners are that on 27th July, 2009, they alongwith Karamjit Singh alias Rana son of Gurcharan Singh, Lakha alias Gabba and their other 3/4 accomplices, by constituting an unlawful assembly, armed with deadly weapons, like swords, kirpans, gandasa, dang etc., reached at a tea shop near Akalsar Chowk, G.T. Road Moga in two vehicles (Scorpio and Zen car), where complainant Sukhwinder Singh and his friend Gagan Deep Singh were taking tea. They all attacked the complainant and Gagan Deep Singh. Karamjit Singh gave kirpan blow to Gagan Deep Singh hitting on right side of his head, as a result of which he fell down. Then Lakha Singh CRM No. M-22906 of 2009 2 also gave gandasa blow to Gagan Deep Singh. The allegations against petitioners are that Parminder Singh gave kirpan blow to Gangan Deep Singh hitting on his right chest and Kaka alias Harwinder Singh gave sword blow which hit on left thigh of Gagan Deep Singh. While leaving, all the accused also damaged the vehicle (Qualis) of the complainant. Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated. They have been thus named in the FIR to rope in as many persons as possible. In any case, they are not required for custodial interrogation. They are, thus, entitled to concession of pre-arrest bail. I have heard learned counsel for the petitioners and given careful thought to the facts of the case. A perusal of the FIR shows that there are clear cut allegations against the petitioners. They were part of the group which assaulted the complainant and Gagan Deep Singh. It appears that accused accosted the complainant side on the highway while travelling in a vehicle. They are stated to have come with muffled faces and inflicted number of injuries to them. The petitioner Kaka alias Harwinder Singh is alleged to have caused injuries with sword to Gagan Deep Singh and allegation against Parminder Singh petitioner is that he gave kirpan blow to Gagan Deep Singh. Under the circumstances, custodial interrogation of the petitioners may be necessary to take the investigation to its logical end CRM No. M-22906 of 2009 3 and to effect the recovery of weapons of offence. Thus, this is not a fit case for grant of pre-arrest bail to the petitioners. The petition is devoid of merit. The same is hereby dismissed. (RAJAN GUPTA) JUDGE August 20, 2009 'rajpal'