In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-26466 of 2010 ..... Date of decision:20.9.2010 Pardeep and others .....Petitioners v. State of Haryana .....Respondent .... Present: Mr. Rajesh Garg and Mr. Pravindra Singh, Advocates for the petitioners. Mr. Shekhar Mudgal, Assistant Advocate General, Haryana for the respondent-State. Mr. Naresh Kaushal, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioners Pardeep, Jaswinder alias Bhura and Naresh alias Nesha seek pre-arrest bail in a case registered against them on 13.8.2010 for the offences under Sections 148, 149, 323, 341, 326 and 506 IPC at Police Station Raipur Rani, District Panchkula. The FIR in the case has been registered on the statement of Suneet Kumar injured. It is alleged by the complainant that on 13.8.2010 at about 4.00 p.m. he went to Village Baghwala for some personal work and came to Bhawali Bus Stand at 7.00 p.m. From the bus stand he was going towards his house in the street. In the street, he met Ravinder Kumar (non- petitioner), Jaswinder Singh alias Bhura (petitioner No.2), Satinder (non- petitioner), Naresh Kumar (petitioner No.3), Shekhar (non-petitioner), Raj Cr. Misc. No.M-26466 of 2010 [2] (non-petitioner), Gulab (non-petitioner), Pardeep (petitioner No.1), Anuj, Munish, Rajender Singh, Jangsher Singh, Babu Singh and Ajay (non- petitioners). They were carrying spades, iron rods (Saria), swords and Lathis. They after seeing the complainant Suneet Kumar raised a `Lalkara' that he was a boy from the enemy and he be apprehended. In the meantime, Ravinder Kumar son of Gulab Singh hit Suneet Kumar on his head with the spade held in his hand. Jaswinder alias Bhura (petitioner No.2) gave a Lathi blow on the back of Suneet Kumar. Satinder and Naresh Kumar alias Nesha (petitioner No.3) beat Suneet Kumar with the Lathis held in their hands. On seeing this fight Isham Singh, Satish and many other persons from the village came at the spot. The complainant became unconscious and fell down. On seeing the people coming all the accused along with their weapons ran away. The family members brought him to his home where he came to know that before him these persons had also inflicted injuries to Surjit Singh, Munish Kumar, Rambir, Ramphal, Ramesh Kumar and Sanjiv Kumar with Saria, Lathis, swords and spades. The injuries suffered could be informed by the injured. Learned counsel for the petitioners has submitted that the injury on the head of Suneet Kumar is attributed to Ravinder Kumar and Jaswinder Singh alias Bhura (Petitioner No.2) is attributed a blow on the back of the complainant with Lathi held in his hand. Naresh Kumar alias Nesha (petitioner No.3), it is alleged, had beaten Suneet Kumar. It is submitted that the injuries attributed to the petitioners are simple in nature and do not constitute any offence. In response, learned counsel for the State and the complainant Cr. Misc. No.M-26466 of 2010 [3] have submitted that the petitioners are part of an unlawful assembly which comprises of 14 people. It is submitted that 8 of the accused are yet to be arrested and recoveries are also to be effected. It is submitted that apart from causing injuries to the complainant, the accused had caused injuries to others also, namely, Surjit Singh, Munish Kumar, Rambir, Ramphal, Ramesh Kumar and Sanjiv Kumar. Jaswinder Singh alias Bhura (petitioner No.2) and Naresh Kumar alias Nesha (petitioner No.3), it is submitted, had inflicted injuries upon Suneet Kumar with Lathis and Dandas. Rambir, who is another injured has been inflicted injuries with Lathi on his shoulder by Pardeep (petitioner No.1) and it is also his version that his companions Ramphal and Surjit Singh were also inflicted with swords and dandas. Out of the three injuries suffered by injured Surjit Singh, injury No.1 is grievous in nature and inflicted by a sharp edge weapon. Ramphal had been inflicted injuries with Lathi. It is submitted that other co-accused are yet to be arrested. After giving my thoughtful consideration to the matter, it may be noticed that the case involves causing of hurt by an unlawful assembly. The petitioners are attributed to have given blows with their Lathis on the person of Suneet Kumar and also on others. The other co-accused of the petitioners are yet to be arrested. Besides, the weapons that were used in the incident are to be recovered. The injuries on the person of the injured are substantiated by the medical record. In the facts and circumstances, no ground for pre-arrest bail is made out. The criminal miscellaneous petition is accordingly dismissed. However, in case the petitioners surrender before the Police within two days of the receipt of copy of this order, their application for regular bail shall be Cr. Misc. No.M-26466 of 2010 [4] considered expeditiously by the concerned Court within two days of its filing after excluding the period of Police remand, if any. September 20, 2010. (S.S. Saron) Judge *hsp*