Crl.M.No.34490-M of 2010 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No.34490-M of 2010 Date of decision: 8.12.2010 Gurcharan Singh and others ....................Petitioners v. The State of Punjab .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr. P.S. Jammu, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. Jaswant Singh.J. Petitioners have invoked the jurisdiction under Section 482 Cr.P.C for grant of anticipatory/pre arrest bail in case FIR No.84 dated 25.5.2010 under Sections 307/342/427/148/149 IPC and Sections 25/27 of the Arms Act, P.S Zira, District Ferozepur. As per allegations in the FIR, on 20.5.2010, while the complainant along with his brother-in-law Amarjit Singh was going to see/assess the land for purchasing the same,10-12 persons armed with gun, gandasis, kirpans and dangs respectively waylaid them on the way and inflicted injuries to both of them as a result whereof both arms, fingers as well as right leg of the complainant were broken whereas injured-Amarjit Singh suffered injuries on his head. Immediately they were admitted to Government Hospital, Zira from where they were referred to DMC Ludhiana. Learned counsel for the petitioners submits that the petitioners have been falsely implicated and that it is a cross version Crl.M.No.34490-M of 2010 #2# case. It is contended that there is delay of 5 days in lodging of the FIR and that the petitioners have not been named in the FIR nor any specific role is attributed to them and that they were only named on the basis of supplementary statement of the injured during investigation. It is also contended that the main accused Mahant Bela Dass Chela Mahant Garib Dass, who is alleged to have fired a gun shot, has already been declared innocent by the police during investigation. Learned state counsel, on instructions from HC Sukhchain Singh, states that the injured were admitted in DMC, Ludhiana and medicolegal report was prepared on 20.5.2010 and the ruqa was sent to the police for further necessary action and as such there was no delay on the part of the complainant/injured. It is stated that all the four petitioners were specifically named in the supplementary statement of the injured-Amarjit Singh. So far as cross version is concerned, it is submitted that Kuldeep Singh-complainant and injured-Amarjit Singh were arrested and have already been released on bail on 23.7.2010. Without commenting upon merit of the case and keeping in view the petitioners being members of an unlawful assembly as also their role in the alleged crime and taking into account the nature of injuries and gravity of the offence and that they were armed with deadly weapons, which are yet to be recovered, I find that the petitioners do not deserve the concession of bail. Dismissed. December 08, 2010 ( JASWANT SINGH ) manoj JUDGE