IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-5446 of 2010 Date of decision : 11.3.2010 Sandeep Kashyap @ Sunny …. Petitioner Versus State of Haryana …. Respondent Present: Mr. Gobind Dhanda, Advocate for the petitioner. Mr. K.C. Gupta, Sr. DAG, Haryana. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 9.5.2009 for the offences under Sections 148, 149, 452, 323, 325, 326, 506 and 34 Indian Penal Code (“IPC” – for short). The FIR in the case has been registered on the statement of Kapoor Chand. It is alleged by the complainant that on 9.5.2009 at about 1.30 p.m. after giving lunch to his son, he stopped at the Sharma News Agency, Old Panchkula to talk to his friend Shyam Lal Sharma. At that time about 3 to 4 persons were standing there. Then 4/5 boys including one lady suddenly came from behind. They tried to catch hold one boy Jagdeep Sharma son of Roshan Lal who was standing amongst them. Then Jagdeep Sharma ran away from there and when the complainant and Shyam Lal tried to stop these boys from assaulting Jagdeep Sharma then the said boys assaulted the complainant and Shyam Lal with a sharp edged weapon. The assailants gave injuries on the face and fingers of Shyam Lal with a sharp edged weapon and injuries on the ear of the complainant due to Crl. Misc. No. M-5446 of 2010 [2] which he fell down being unconscious. When he regained his consciousness, he came to know that Shyam Lal had suffered many injuries and had been referred to PGI, Chandigarh. The assailants were calling that girl by the name of Sapna and when they were running after assaulting the complainant and Shyam Lal, they threatened to kill them. Learned counsel for the petitioner has submitted that though the name of the petitioner is not mentioned in the FIR, however, during the course of investigation, his name has figured. The injury which attracts Section 326 IPC is attributed to the co- accused Vinod Kumar. According to the learned counsel, the petitioner is only attributed the injury which attracts Section 323 IPC. Learned counsel for the State has however submitted that warrants of arrest of the petitioner have been issued by the learned Chief Judicial Magistrate, Panchkula for 09.4.2010. Besides, it is submitted that the petitioner has also been attributed Sections 148, 149 IPC and Section 506 IPC, besides, Section 34 IPC. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is one of the members of the unlawful assembly and he had attacked on the person of the complainant and Shyam Lal Sharma. The other co-accused have been arrested and granted the concession of regular bail. In the circumstances, no ground for pre-arrest bail is made out. Consequently, there is no merit in this petition and the same is accordingly dismissed. (S.S. SARON) JUDGE March 11, 2010 amit