Crl. Misc. No. M-18401 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-18401 of 2011 (O&M) Date of decision : 8.7.2011 Kashmir Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sanjiv Gupta, Advocate for the petitioner. Mr. Palvinder Singh, Sr. Deputy Advocate General, Punjab. Rajan Gupta, J. (oral) This is a petition under Section 438 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioner under Sections 353, 148, 149, 186, 323, 332, 333, 189 & 307 IPC at Police Station Jhander, District Amritsar, District , vide FIR No.24 dated 26th April, 2011. Learned counsel for the petitioner submits that from the allegations levelled in the FIR, no offence under Section 307 IPC is made out. The petitioner is ready to cooperate with the investigating agency. He is, thus, entitled to concession of pre-arrest bail. Learned State counsel has, however, opposed the prayer. He submits that petitioner is main accused in the case. He further submits that the complainant also suffered a serious injury in the occurrence. Thus, the petitioner is not entitled to the concession of bail. I have heard learned counsel for the parties and given Crl. Misc. No. M-18401 of 2011 2 careful thought to the facts of the case. FIR was lodged by Jatinderpal Singh, who stated that he is working as JE in PWD (B&R) Department. On 23rd April, 2011, when he was supervising the work of road construction near village Niyampur, one Innova car bearing No. CH04-0955 first ran over premix being spread for constructing the road, then the driver hit him with the said vehicle. As the bumper of the vehicle hit the petitioner, he fell down. On 25th April, 2011, when the complainant was getting premix mixture put on the road, the same Innova Car No. CH-04-0955 in which 5-6 persons having baseballs, Kirpan and sticks and two other vehicles i.e. Maruti Zen and Safari occupied by 7-8 persons armed with weapons reached there. The driver of the Innova car asked the complainant as to why on 23rd April, 2011 he had stopped his car. Then he gave baseball blow on the right arm of the complainant. The other accused also started causing injuries to the complainant with their respective weapons i.e. sticks, Kirpan, baseball etc. The vehicle i.e. Innova car is stated to have been driven by Kashmir Singh (petitioner herein). The complainant suffered a fracture on right Olecranon. According to State counsel, complainant had to undergo a surgery as a result of this injury. Under the circumstances, I am of the considered view that the petitioner is not entitled to concession of pre-arrest bail. The petition is without any merit and is hereby dismissed. (RAJAN GUPTA) JUDGE July 08, 2011 'rajpal'