IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. Nos. 4933-34 of 2009 and Crl. Misc. No. M-2211 of 2009 Date of decision : January 29, 2008 Gurpreet Singh and Others ….. Petitioners Versus State of Punjab ….. Respondent Present: Mr. Ranjit Saini, Advocate for the petitioners. *** S.S. SARON, J. Crl. Misc. Nos. 4933-34 of 2009 The copies of MLR (Annexures P4 to P6) attached with the Crl. Misc. applications are not legible copies. Therefore, no useful purpose would be served by placing them on record. Consequently, the Crl. Misc. application seeking to place on record the copies of MLR (Annexures P4 to P6) is declined. However, the statement dated 19.1.2008 (Annexure P7) of Avtar Singh attached with the Crl. Misc. application is taken on record subject to just exceptions. Crl. Misc. stands disposed of. Crl. Misc. No. M-2211 of 2009 Heard counsel for the petitioners. The petitioners seek pre-arrest bail in a case registered against them for the offences under Sections 326, 323, 452, 324 and 34 India Penal Code (“IPC” – for short). The FIR in the case has been registered on the statement of Narain Crl. Misc. Nos. 4933-34 of 2009 [2] and Crl. Misc. No. M-2211 of 2009 Singh (petitioner No.2). The petitioners have been named as accused in the cross- version statement dated 19.1.2008 (Annexure P1) of Avtar Singh. It has been alleged by Avtar Singh in his statement (Annexure P1) that on 13.1.2008, he along with his friends Satnam Singh, Lakhwinder Singh @ Lakhi son of Faquir Singh, Lakhi son of Onkar Singh, Gurvinder Singh and Kuldeep Singh all residents of Dehriwal were together asking Lohri from different houses in the Village. While they asked for Lohri in the street in the front of house of Satnam Singh then Narain Singh (petitioner No.2) son of Balwant Singh attacked him with his kirpan with an intention to kill him. The kirpan blow hit on the forehead of Avtar Singh. Thereafter Balwinder Singh (petitioner No.3) gave a kirpan blow which hit between the thumb and middle fingers of the palm. Balwinder Singh (petitioner No.3) gave a kirpan blow on the left shoulder of Lakhwinder Singh @ Lakhi son of Faquir Singh. A second blow was given by Gurpreet Singh (petitioner No.1) from the reverse side of his kirpan which hit the right shoulder of Avtar Singh. Then Narain Singh (petitioner No.2) inflicted a kirpan blow which hit Satnam Singh on his right ear. He gave another blow which hit said Satnam Singh in his abdomen. The injuries that have been received by the victims and are attributed to the petitioners, are grievous in nature. Learned counsel for the petitioner has contended that it is the complainant party of the cross-version which is the aggressor. A reference has been made to the statement of Narain Singh (petitioner No.2) on the basis of which FIR has been registered. Besides, it is submitted that the Deputy Superintendent of Police, Dasuya in his report dated 4.10.2008 (Annexure P2) has found that Narain Singh (petitioner No.2), Gurpreet Singh @ Laddi (petitioner No.1) and their other companions were celebrating lohri at the roof of the house of Jatinder Singh. Thereafter, Avtar Singh etc. i.e. the complainant in the cross-version came there and asked for lohri. Both the parties had quarrelled there and both received injuries. Crl. Misc. Nos. 4933-34 of 2009 [3] and Crl. Misc. No. M-2211 of 2009 Therefore, it is submitted that it is the complainant party in the cross-version who had come to the house of the petitioners. This aspect is to be gone into and considered by the Investigating Authorities during investigation. It may be noticed that the injuries attributed to the petitioners on the victims are grievous in nature. All the petitioners were armed with kirpans and had caused injuries on vital parts including forehead, shoulder and abdomen. Therefore, the present is not a case which would entitle the petitioners to the concession of pre-arrest bail. In view of the above, there is no merit in this petition and the same is accordingly dismissed. (S.S. SARON) JUDGE January 29, 2009 amit