CRM No.M-33650 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-33650 of 2011 Dated of decision:-30.03.2011 Harman and another .....Petitioners Versus State of Punjab .....Respondent Present: Mr. Jetinder Pal Singh, Advocate for the petitioners. Mr. VPS Sidhu, Addl.A.G. Punjab. S.S. SARON, J. Heard counsel for the parties. The petitioners seeks pre-arrest bail in case FIR No.119 registered against them on 05.07.2010 for the offences under Section 365, 379, 323, 148 and 149 IPC at Police Station Guru Harsahai, District Ferozepur. The FIR in the case has been registered on the statement of Manjit Singh who has alleged that on 04.07.2010 at about 8.00 p.m., he was returning to his house after having a round of his fields. When the complainant reached the bank of river, in the area of Issa Panjgerai then a Bolero Camper, vehicle of the liquor contractor came from the side of village Sher Singhwala. The said vehicle was being driven by Avtar Singh and on the rear of the vehicle, Sunny, Guggu (petitioner No.2) and Harman (petitioner No.1) and two unidentified persons were sitting, whom the complainant can identify if brought before him. They obstructed the motorcycle on which the complainant was riding by bringing the Bolero CRM No.M-33650 of 2011 -2- vehicle in front of the motorcycle and it was stated that the complainant distills liquor and they would have to take him. On this the complainant replied that neither he distills liquor nor he sells liquor and therefore, why should he sit in the vehicle to go with them. On this, an altercation ensued between them and the persons in the Bolero Camper vehicle started beating the complainant. Sunny gave a belt blow, which hit on the neck of the complainant. Avtar Singh gave him fist blow in the left eye. Meanwhile, a neighbour of the complainant, in the field namely Om Parkash came at the spot and he tried to save the complainant, but the assailants did not release him. They forcibly took him in the vehicle and they dragged him on the way by putting a belt around his neck. Thereafter, in an unconscious state, they threw him beneath the railway bridge Guru Harsahai. While they were dragging, Rs.2000/- and a gold chain weighing about one tola, which the complainant was wearing in his neck, fell down. The family on knowing about the incident through Om Parkash and Gurpreet Singh brought him from beneath the railway bridge to Civil Hospital where he was under treatment. On regaining his consciousness, the complainant narrated the entire occurrence to Om Parkash and Gurpreet Singh. Gurpreet Singh told him that the motorcycle was not at the spot. The petitioners are not attributed any overt act and are said to have dragged the complainant to the railway bridge, Guru Harsahai from where he was recovered. In consequence of the interim bail that was granted by this Court on 17.11.2010, the petitioner No.1 has joined the investigation and his custody is not required for the purposes of investigation. Learned counsel for the State on instruction from Head Constable, Sukhdeep Raj, Police Station, Guru Harsahai, District Ferozepur has submitted that in consequence of interim bail granted on 17.11.2010, Harman (petitioner No.1) has joined the investigation. CRM No.M-33650 of 2011 -3- Whereas Guggu (petitioner No.2) has not joined the investigation. In the circumstances, the interim bail granted vide order dated 17.11.2010 to Harman (petitioner No.1) is made absolute. Since Guggu (petitioner No.2) had not joined the investigation, no ground for grant of pre-arrest bail is made out to him. Criminal miscellaneous petition qua Guggu (petitioner No.2) is accordingly dimissed. March 30, 2011 (S.S.SARON) Jyoti 1 JUDGE