IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-26453 of 2010 Date of decision : 13.9.2010 Harjit Singh and another …. Petitioners Versus State of Punjab ….. Respondent Present : Mr. Sunil Agnihotri, Advocate for the petitioners. *** S.S. SARON, J. Heard counsel for the petitioners. The petitioners seek pre-arrest bail in a case registered against them on 16.3.2010 for the commission of offences under Sections 452, 323, 324, 427, 506 and 34 IPC. The FIR (Annexure P1) has been registered on the complaint of Balbir Singh son of Paran Singh. It is alleged by the complainant that on 13.3.2010 they were watching television and at about 9/9.30 p.m. there was a knock on the main gate. When the complainant opened the door then suddenly Harjit Singh (petitioner No.1), Sukhjiwan Singh @ Papa (petitioner No.2), Balbir Singh son of Amar Singh, and Sebi son of Daljit Singh entered the house of the complainant. The petitioners Harjit Singh, Sukhjiwan Singh gave blows with an iron rods on the complainant which hit on his left knee, left arm and on his back whereas their co-accused namely Balbir Singh (petitioner in the CRM No. M-26452 of 2010) gave a kirpan Crl. Misc. No. M-26453 of 2010 [2] blow and Sebi gave a blow with an iron rod to the complainant. The complainant then raised an alarm, on hearing which his son Bikramjit Singh tried to release him. The assailants hit him (son of the complainant) also and caused injuries to him. Besides, they damaged the tractor and motorcycle parked in the house. Then the family of the complainant raised an alarm. On hearing which all the assailants fled away on their motorcycles with their respective arms by giving threats to the complainant. Because it was night the complainant was unable to note the number of the motorcycle. The relative of the complainant namely Surinder Singh, Sarpanch reached at night who got the complainant and his son admitted in the Civil Hospital at Payal. Learned counsel for the petitioners has contended that the injuries that have been attributed to the petitioners are simple in nature. Besides, it is submitted that the petitioners have been falsely implicated. In fact a case stands registered against Bikramjit Singh son of the complainant Balbir Singh for the commission of offences under Sections 323, 324 and 325 IPC. Therefore, the present FIR (Annexure P1) has been lodged to put pressure on the petitioners to compromise the matter but the petitioners refused to compromise the same. It is on the account of the refusal of the petitioners to compromise the matter that the FIR has been registered. After giving my thoughtful consideration to the contentions of the learned counsel appearing for the petitioners, it may be noticed that the petitioners had entered into the house of the complainant at 9/9.30 pm. while he was watching television. The petitioners were accompanied by other accused namely Balbir Singh Crl. Misc. No. M-26453 of 2010 [3] (petitioner in CRM No. M-26452 of 2010) and Sebi son of Daljit Singh. The petitioners are attributed ‘iron rod’ blows on the left knee, left arm and on the back of the complainant. Therefore, even though the injuries are simple, however, the petitioners had entered the house of the complainant at night while he was watching television. The question whether any other case stands registered against Bikramjit Singh son of the complainant Balbir Singh, is not of much consequence. In fact it shows that there has been enmity between the petitioners and the complainant on account of which the injuries have been caused by the petitioners in the house of the complainant. In the facts and circumstances, no ground for pre-arrest bail is made out at this stage. The Crl. Misc. petition is, accordingly, dismissed. (S.S. SARON) JUDGE September 9, 2010 amit