IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-33051 of 2008 Date of Decision: December 17, 2008 Bhagwan Singh & Another .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. S.P.S. Tinna, Advocate, for the petitioners. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner(s) in case FIR No.113 dated 28.8.2008 lodged for commission of offence punishable under Section(s) 324, 323, 452, 148, 149, 307 IPC with Police Station, Khuian Sarwar. Learned counsel contends that Jagsir Singh has been attributed injury with a gandasa on account of which Section 307 IPC has been invoked. The petitioners have been ascribed only simple injuries. I have considered the contentions of learned counsel in the context of jurisdiction to grant bail under Section 438 Cr.P.C. On perusal of the FIR, I find that all the Crl. Misc. No. M-33051 of 2008 [2] persons entered the house of the complainant. Labh Singh raised lalkara that Baggar Singh should be taught a lesson for daily nuisance. Thereupon, Jagsir Singh gave a gandasa blow which hit on the back side of the head of the complainant. Another blow was given which hit on the back side of the head and yet another blow which on the left shoulder. The complainant fell down whereupon petitioners namely Bhagwan Singh and Kala Singh alongwith Gurjant Singh gave injuries while the complainant was lying down. The manner in which the offence has been committed, does not entitle the petitioners to bail under Section 438 Cr.P.C. The petition is dismissed. (AJAI LAMBA) December 17, 2008 JUDGE avin