In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 20639 of 2010 (O&M) Date of decision: 21.7.2010 Darshan Singh and another ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.B.S.Jaswal, Advocate, for the petitioners. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 13 dated 28.5.2010 under Sections 307/ 452/ 323/ 324/ 148/ 149 of the Indian Penal Code, registered at Police Station Tarsikka, District Amritsar. The contents of the FIR, as reproduced in para 1 of the petition, read as under:- “Statement of Harjit Singh son of Gurcharan Singh, caste Ghumair r/o Tarsika aged about 36 years. Stated that I am resident of the above said address and doing a shop of photographer. There is dispute between Criminal Misc. No.M- 20639 of 2010 (O&M) -2- my father Gurcharan Singh and Bawa Singh son of Ishar Singh which is pending before the SDJM at Baba Bakala and is fixed for 25.5.2010. On that day my father went to attend the date where Avtar Singh has made a dispute with my father. In this regard on 26.5.2010, Sarpanch Surinder Singh son of Aya Singh, Jogbir Singh son of Ajit Singh, Gurmej Singh son of Dewan Singh, Charanjit Kaur w/o Tarsem Singh, Puran Deep Kaur w/o Daljit Singh, all resident of Tarsika and other respectable persons were present in our house and were discussing. At about 8 pm, Avtar Singh @ Billy son of Bawa Singh armed with kirpan, Gurbhej Singh @ Gulshan Singh son of Avtar Singh @ Billy armed with Gandasi, Navjot Singh @ Joty, son of Jagtar Singh armed with Datar, Malkiat Singh son of Chachal Singh armed with dang, Balwinder Singh @ Bindo son of Darshan Singh armed with dang, Bawa Singh son of Ishar Singh empty handed, Raj wife of Avtar Singh armed with hockey, Biro wife of Jagtar Singh empty handed, Joginder Kaur wife of Jamail Singh armed with Thapi, Gurdev Singh son of Darshan Singh armed with dang, Gindi son of Chanchal Singh empty handed all caste Mehra, resident of Tarsika entered forcibly in my house. Along with them Darshan Singh son of Isher Singh were also came who was armed with sotha. On Criminal Misc. No.M- 20639 of 2010 (O&M) -3- coming, Avtar Singh raised a lalkara to caught hold them and teach a lesson to take a dispute with us. Upon which Gindi caught hold Jagbir Singh and at the same times Avtar Singh gave a blow upon Sarpanch Surinder Singh which hit on his left finger of left hand. Then Kulwant Singh gave blow with his datar upon Jagbir Singh on left side of his head. Balwinder Singh @ Bindi gave a blow of his dang upon Gurmej Singh which just hit above the left eye brow. Then Malkiat Singh gave a blow upon Surinder Singh with his dang which hit on his arm. Gurdev Singh also gave a dang blow upon the back of Surinder Singh. Gurbhej Singh gave a gandasi blow upon Jagbir which hit on the elbow of left arm. Darshan Singh caused a sota blow on my left leg. Joginder Singh gave a Thapi blow upon Jagbir Singh on his left hand. Bawa Singh caught hold of Gurmej Singh and Veeru gave a fist blow upon Gurmej Singh. Raj Kaur also gave a hockey blow upon Surinder Singh on his right hip. Then we raised an alarm then Darshan Kaur wife of Tarsem Singh and Pushpdeep Kaur wife of Daljit Singh r/o Tarsika who were seeing all the occurrence saved us from the above said accused and then all the above ran away along with their weapons. The motive of occurrence was that there is civil dispute between Avtar Singh and others. After the Criminal Misc. No.M- 20639 of 2010 (O&M) -4- occurrence, Jagtar Singh, Surinder Singh, Gurmej Singh, Paramjit Singh son of Amrik Singh and Surinder Singh, Sukhwinder Singh son of Ajit Singh were got admitted in the hospital where we are under treatment.” After hearing learned counsel for the petitioners, I am of the opinion that the instant petition deserves dismissal. There are serious allegations levelled against the petitioners in the FIR. The petitioners along with their co-accused had come to the spot armed with weapons and had inflicted injuries on the person of Gurmej Singh, Jagbir Singh, Surinder Singh and Harjit Singh. Although learned counsel for the petitioners has submitted that it was a case of version and cross-version but so far the story put forth by the petitioners qua the cross-version has not been believed by the Investigating Agency. The petitioners might be required for custodial interrogation. Keeping in view the seriousness of offence alleged to have been committed by the petitioners, no ground for grant of bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE July 21, 2010 anita