CRM No. M-13329 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CRM No. M-13329 of 2009 (O&M) Date of decision: 02.7.2009 Narinder @ Ninder ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. J.V. Yadav, Advocate, for the petitioner. Mr. Tarun Aggarwal, Senior DAG, Haryana. Rajan Gupta, J. The petitioner has prayed for pre-arrest bail in a case registered against him under Sections 323, 324, 307, 506 read with Section 34 IPC at Police Station Shahzadpur, District Ambala, vide FIR No.35 dated 25.03.2009. Allegation against the petitioner is that he gave a Gandasi blow on the head of the complainant. He attacked the complainant alongwith other accused. Learned counsel for the petitioner has argued that though the petitioner may have been armed with a Gandasi, he only caused a simple injury. No injury under Section 307 IPC can be attributed to the petitioner. Learned counsel for the State has opposed the prayer for anticipatory bail on the ground that accused in the FIR are habitual CRM No. M-13329 of 2009 2 offenders and there are other cases registered against them. According to the counsel, custodial interrogation of the petitioner is required for taking the investigation to its logical end. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. It is evident that the petitioner alongwith other accused attacked the complainant and caused number of injuries to him. The petitioner, who was armed with a Gandasi, tried to hit the petitioner on the head. However, the complainant raised his hand to save himself due to which he did not get a fatal injury on his head. Instead he received an injury on his wrist. In the facts and circumstances of the case, I do not consider it a fit case for extending the concession of anticipatory bail to the petitioner. The allegations against him are serious. His custodial interrogation may be required. The petition is hereby dismissed. (RAJAN GUPTA) JUDGE July 02, 2009 'rajpal'