Crl.M.No.31855-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.31855-M of 2010 Date of Order: 18.11.2010 Amit Kumar .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. A.S. Manaise, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 438 Cr.P.C is for grant of anticipatory/pre arrest bail in case FIR No.63 dated 16.9.2010 under Sections 307/324/323/148/149/120-B IPC, P.S Narot Jaimal Singh, District Gurdaspur. As per allegations, the petitioner accompanied the main accused Rohit Saini and one Pal Singh, who were armed with datar and steel rod, along with three other co-accused to a Health Club and inflicted injuries to one Vishal Saini. As per MLR, three injuries were found on the person of Vishal Saini and one injury on the head is declared grievous and dangerous to life. Learned counsel for the petitioner submits that the name of the petitioner has surfaced on account of disclosure statement of the co-accused Rohit Saini and Pal Singh, which is inadmissible in evidence. Further states that no role has been ascribed to the petitioner and nothing is to be Crl.M.No.31855-M of 2010 #2# recovered from him. Learned state counsel, on instructions from ASI Surender Kumar submits that one injury inflicted by co-accused Rohit Saini on the head has been declared to be grievous and dangerous to life, second injury inflicted on right arm with an iron rod has been attributed to the petitioner and the third injury attributed to co-accused Ajay on the head has also been declared grievous and dangerous to life. He further contends that the weapon of offence used by the petitioner is yet to be recovered. After hearing learned counsel for the parties and taking into account the nature of injuries and gravity of the offence and that recovery of weapon of offence is yet to be effected, I do not find any ground to extend the benefit of pre arrest bail to the petitioner. Dismissed. November 18, 2010 ( JASWANT SINGH ) manoj JUDGE