IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Crl.Misc.No.M-8961 of 2010 Date of decision : 8.4.2010 Ramesh -----Petitioner Vs. State of Punjab -----Respondent Present:-Mr. D.S.Sandhu, Advocate, for the petitioner Mr.V.P.S.Sidhu, AAG, Punjab --- S.S.SARON (J) :- Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 452, 324, 380, 323, 506, 148, 149 IPC. The FIR in the case has been registered on the statement of Rashminder Pal. On 9.8.2009 the complainant Rashminder Pal, his father Raj Pal and Tarlochan Singh son of Santa Singh were present in their house. The door bell rang. The complainant saw through the door that Lucky @ Kalyan was there and on seeing the complainant, he ran away. The complainant ran after him and caught him and ascertained the reason for ringing the bell. Then he started fighting with the complainant and after flinging him on the ground ran away raising a hue and cry that he would recount about this just now. At about 3.15 p.m. on 9.8.2009, Lucky @ Kalyan armed with datar, Bhola armed with datar, Ramesh Crl.Misc.No.M-8961 of 2010 [2] (petitioner) armed with Kirpan, Sham armed with base ball bat, Pappu armed with datar, Rinku armed with dang, Sunita, Gurmito and 3-4 unidentified boys and women, after breaking the door of the house of the complainant, forcibly entered his house. Sunita raised a lalkara that for abusing his son on the way, they would be taught a lesson. Sunita and Gurmito caught hold of Usha Rani, the mother of the complainant Rashminder Pal from her hair and they slapped her. They threw her down and kicked her in the abdomen. The petitioner who was holding a kirpan in his hand gave a straight blow on the head of the complainant Rashminder Pal. The others also caused injuries. The petitioner forcibly took away the licensed double barrel gun and six live cartridges, which gun and cartridges were owned by the father of the complainant. Learned counsel for the petitioner has submitted that the injury attributed to the petitioner on the person of the complainant is simple in nature and Section 452 IPC was added by the prosecution only to make the offence non-bailable. It is submitted that the gun, which is alleged to have been taken, in fact, has been deposited by Sunita after she was granted interim bail. In response, learned counsel for the State has submitted that the custodial interrogation of the petitioner is necessary, besides, the gun has not so far been deposited and it is to be recovered from the petitioner. After giving my thoughtful consideration to the matter, it Crl.Misc.No.M-8961 of 2010 [3] may be noticed that the petitioner along with others had forcibly entered the house of the complainant. The assailants threw Usha Rani and kicked her in her abdomen. Ramesh, the petitioner, gave a kirpan blow on the head of the complainant, besides he took the double barrel gun and six live cartridges, which belong to the father of the complainant. The recoveries are to be effected. The manner in which the petitioner entered the house of the complainant and caused injury, is such a circumtance, which would disentitle him to the grant of concession of pre-arrest bail. In the circumstances, there is no merit in the petition and same is accordingly dismissed. (S.S.SARON) JUDGE April 8, 2010 akm