IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 6765 of 2009 Date of decision: March 10, 2009 Nachhattar Singh ….. Petitioner Versus State of Punjab ….. Respondent Present: Mr. M.K. Garg, Advocate for the petitioner. **** S.S. SARON, J. Heard counsel for the petitioner. The petitioner seeks anticipatory bail in a case registered against him for the offences under Sections 452, 324, 323, 294 and 506 IPC. The FIR in the case has been registered on the statement of Seema Rani complainant. It has been alleged by her that on 1.2.2009, an inauguration of Memorial Gate in the name of Tarsem Singh was to be carried out at Faridkot. The petitioner is the Manager of inauguration of the Gate. At about 11.00 a.m., the complainant, his brother’s wife Anita Rani and Shashi Bala wife of Ashok Kumar were present in their house, while the male members of the house had gone for their respective works. At about 4.00 p.m., the petitioner, his brother Kala Singh, Balwinder Singh and Amarjit Singh along with Minta and Vicky sons of Tarsem Singh and Chinder Pal Kaur wife of Minta Singh came to the Gate and raised lalkara. The brother’s wife of the complainant told them as to why they were abusing them. In the meantime, the petitioner armed with a knife along with others entered the house of the complainant. The petitioner gave a ‘knife’ blow on the right arm wrist of the complainant and the others started hurling bricks and stones which hit left arm of the brother’s wife of the complainant namely Anita Rani. The others also caused injuries. Crl. Misc. No. M- 6765 of 2009 [2] Learned counsel for the petitioner has contended that dispute is with regard to an inauguration of the Memorial Gate. The brothers of the complainant had filed a civil suit (Annexure P1) for permanent injunction against the Municipal Committee in which the petitioner was defendant No.2. The suit it is submitted was dismissed in terms of Order 9 Rule 8 CPC on 6.12.2007. Therefore, it is the complainant side which caused injury to the petitioner. A reference has been made to the MLRs of the petitioner’s side namely Jeon Singh and Amarjit Singh sons of Darshan Singh and Nirmal Kaur wife of Shamsher Singh. In any case, it is submitted that the injury on the person of Seema Rani complainant is a simple injury. After giving my thoughtful consideration to the matter, I find no merit in the same. In the incident that occurred, the petitioner was armed with a knife and he caused injuries on the person of Seema Rani on her right arm. The medical report of Seema Rani complainant has been shown during the course of hearing in which injury No.1 has been mentioned as an incised wound 5cm x 1.2 cm on the back of right fore-arm and 5.3 cm above the elbow joint. Fresh bleeding was present. X-ray of the arm was advised. Injury No.2 relates to complain of pain in the abdomen. However, no external injury was noticed and X-ray was advised which was kept under observation. The causing of a knife blow on a lady is not such a circumstance which would warrant the grant of concession of anticipatory bail. It may be noticed that the learned Sessions Judge, Faridkot vide order dated 25.2.2009 (Annexure P2) has though declined bail to the petitioner, but has granted the pre-arrest bail to the others namely Chhinder Pal Kaur, Balwinder Singh and Gurvinder Singh @ Minta. Insofar as the injuries on the person of the petitioner’s side are concerned, a perusal of the medical report shows that Amarjit Singh received a lacerated wound. Besides, Jeon Singh received a lacerated wound on the left side of the fore-head. Nirmal Kaur received a lacerated wound and complained of pain on the buttock. There is, in any Crl. Misc. No. M- 6765 of 2009 [3] case, no cross-version shown to have been raised by the petitioner before the Police. The nature of injuries are also not very serious. Keeping in view the nature of injury attributed to the petitioner, no ground for concession of pre-arrest bail is made out. Accordingly, the Crl. Misc. petition is dismissed. (S.S. SARON) JUDGE March 10, 2009 amit