Criminal Misc. No. M-37412 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-37412 of 2010 Date of decision : 04.01.2011 Harjinder Singh ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Vikas Bahl, Advocate for the petitioner. Ms. Gagan Mohini, AAG Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioner vide FIR No. 102 dated 11.09.2010 under Sections 457/380/353/186/427/148/149 IPC and Sections 45 of Punjab Prisons Act, 1894 at Police Station City, Hoshiarpur. Learned counsel for the petitioner has argued that petitioner was on a responsible position in the jail as ‘Nagrain’ (watch-keeper). According to him, there is no possibility of the petitioner having participated in the alleged occurrence. In fact, he has been named by Jail Superintendent without any evidence of his participation in the crime. Learned State counsel on the other hand has submitted that name of the petitioner was mentioned in the FIR itself. According to her, the petitioner along with co-accused obstructed public servants in discharge of their official duties and also damaged the goods lying in the office of Criminal Misc. No. M-37412 of 2010 2 medical officer posted inside the Jail. They also indulged in ransacking and looting the canteen. Heard. Keeping in view the nature of allegations levelled in the FIR, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. Such incidents inside the jail need to be discouraged. This apart, specific role has been attributed to the petitioner in the commission of crime. The petition is devoid of merit and is hereby dismissed. January 04, 2011 (RAJAN GUPTA) Ajay JUDGE