Crl.Misc. No. M-25342 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-25342 of 2010 Date of Decision:September 07 , 2010 Agyapal Singh ...........Petitioner Versus State of Punjab and another ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.G.S.Dhillon, Advocate for the petitioner. Mr.Amandeep Singh Rai,Assistant Advocate General, Punjab ** Sabina, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (for short `Cr.P.C.) for grant of anticipatory bail in FIR No.41 dated 26.1.2010 registered under Sections 307/34 of the Indian Penal Code (for short `IPC ') at Police Station Civil Lines Amritsar. The contents of the FIR (Annexure P1) reads as under:- “Statement of Ramesh Sekhri s/o Ram Murti Sekhri resident of House No.15-B, Maqbool Road, Amritsar aged about 57 years stated that I am resident of above mentioned address and I have a factory for manufacturing machines at Batala. That yesterday on Crl.Misc. No. M-25342 of 2010 2 25.1.2010 at about 8 P.M. that my son Amit Sekhri had come back to home in his Tata Safari car after getting medicines from Doctor when he reached outside the gate of residence then one indica car of silver purple colour followed and stopped in front of the residence. From the car, 3 young persons came out and started questioning (Tu Tu Main Main) with my son and they were saying that you known how to blow excess horns of the car. One of the persons who came out from the driving seat brought Datar from the car and inflicted injury on the head of my son and the second young man brought one rod who gave injury on the thigh of my son. All the three young men ran away alongwith the weapons by taking their car when I created a noise of `MAR DITTA' I and my wife Sweeta Sekhri read the number of the car as PB-02-AS 7289. My son who was lying on the ground and the blood was coming out. I took my son to EMC Hospital, Green Avenue, Amritsar in my car who is under treatment. Action may kindly be taken against the guilty persons. Sd/- Ramesh Sekhri” Learned counsel for the petitioner has submitted that the petitioner is a young boy and a student of law. Petitioner is not named in the FIR and has been falsely roped in this case due to rivalry between the two families. Petitioner is ready to join the investigation. Learned State counsel, on the other hand, has opposed the petition and submitted that despite efforts by the Investigating Agency, the petitioner could not be arrested. On 26.1.2010 statement of Savita Sekhri, mother of the injured, was recorded and she had categorically named the petitioner. During investigation, it transpired that the petitioner was armed Crl.Misc. No. M-25342 of 2010 3 with a datar at the time of the alleged occurrence and had inflicted injury on the head of injured -Amit Sekhri. The said injury attracts the provisions of Section 307 IPC. The said injury was declared grievous by the doctor. Learned State counsel further submits that the custodial interrogation of the petitioner is required. After hearing the learned counsel for the parties, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out. The offence alleged to have been committed by the petitioner is serious in nature. The mother of the injured on 26.1.2010 itself had named the petitioner that he was armed with a datar and had inflicted injury on the head of the injured. Petitioner is required for custodial interrogation.Hence, this petition is dismissed. (Sabina) Judge September 07, 2010 arya