IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-10187 of 2010 Date of decision: 21.5.2010 Sanjay …. Petitioner Versus State of Haryana ….. Respondent Present : Mr. R.S. Rai, Senior Advocate with Mr. D.S. Brar, Advocate for the petitioner. Mr. KC Gupta, Sr. DAG, Haryana. Mr. Mohd. Yusuf, Advocate for the complainant. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 19.3.2010 for the offences under Sections 332, 353, 394 and 506 IPC and also Section 397 IPC which was added later. The FIR in the case has been registered on the statement of Dinesh Kumar who is working as Registration Clerk in the Office of Sub-Registrar, Palwal. It is stated that on 19.4.2010 at about 2.00 p.m. when he was sitting on his seat, 4-5 persons came inside his room. Out of them, the petitioner gave some papers for registration. While, the papers were being perused, the petitioner and his companions whose names the complainant did not know, attacked him with a sharp edged weapon and one of them placed a pistol like weapon on the neck of the complainant and started beating him. Out Crl. Misc. No. M-10187 of 2010 [2] of the assailants, two of them also looted cash amounting to Rs.19053/- and threw important papers here and there. Learned Senior counsel for the petitioner has contended that the petitioner had gone to the office of Sub-Registrar to get registration of a sale deed in respect of land measuring 2 marlas out of 14 kanals 13 marlas. The said land measuring 2 marlas was agreed to be sold by Mahavir Singh to Ramesh Devi who is the mother of the petitioner. Stamp papers had been purchased by Smt. Ramesh Devi on 18.3.2010. Besides, no objection certificate was also obtained from the Municipal Committee, Palwal. The dispute occurred at the time of registration of the sale deed. According to learned Senior counsel, the complainant has made a frivolous complaint as the petitioner refused to pay Rs. 5,000/- demanded by the complainant as bribe for the purposes of registration of the sale deed. In this regard, the petitioner has also submitted an application (Annexure P1) to the Financial Commissioner (Revenue) Haryana, Chandigarh. Learned State counsel has submitted that though the petitioner has joined the investigation, however, the allegations are quite serious. Learned counsel for the complainant has further submitted that the complainant was caused injuries in the incident. A reference has been made to the medico-legal report (Annexure P2) of the complainant in which injuries are shown to have been received by the complainant even though, they may be simple in nature. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner has been named as the main accused who it is alleged along with others went to the office of Sub- Registrar and gave some papers to the complainant for registration. Crl. Misc. No. M-10187 of 2010 [3] While the papers were being perused, the petitioner along with other companions attacked the complainant with sharp edged weapons and a pistol like weapon was also placed on his neck. Besides, the petitioner gave a beating to the complainant. It is alleged that out of the assailants, two of them started looting cash amounting to Rs.19053/-. The assailants also threw important papers here and there. The injuries that have been received by the complainant are on record as Annexure P2. Even though they may be simple in nature but nevertheless the complainant is a government official and working in the office of Sub-Registrar. An unruly scene had been created in the office, besides, injuries were caused to a government official on duty. Therefore, in the facts and circumstances, the petitioner is not entitled to the concession of pre-arrest bail. However, the petitioner in case he applies for regular bail with an advance copy to the public prosecutor within three days from receipt of copy of this order, he shall be admitted to interim bail by the concerned Court and his application for regular bail shall be considered as expeditiously as possible and preferably within a week. Till such time, the application is considered. The petitioner shall continue to be on interim bail which shall be furnished by him to the satisfaction of the concerned Court. (S.S. SARON) JUDGE May 21, 2010 amit