Criminal Misc. No. M-35336 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-35336 of 2010 Date of decision : 13.12.2010 Aarif and others ....Petitioners V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Satish Chaudhary, Advocate for the petitioners. Ms. Shalini Atri, DAG Haryana. RAJAN GUPTA J. (ORAL) This is a petition under Section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioners under Sections 148, 149, 323, 506 & 307 IPC and Sections 25/54/59 of Arms Act vide FIR No. 266 dated 11.10.2010 at Police Station Ferozepur Jhirka, District Mewat. Learned counsel for the petitioners has contended that from the perusal of FIR, it is clear that injury attracting offence under Section 307 IPC is attributed to Yusuf and only simple injuries have been attributed to the petitioners. According to him, petitioners are thus entitled to concession of pre-arrest bail. Learned State counsel has opposed the prayer for bail. She submits that all the accused formed an unlawful assembly and attacked the opposite party. She submits that Yusuf who was armed with country made pistol fired at Jakir due to which he received bullet injury in the stomach. Criminal Misc. No. M-35336 of 2010 2 She has also pointed out that petitioner No. 2-Aasu who had undertaken to surrender before the trial court is absconding at present. I have heard learned counsel for the parties. The allegation in the FIR shows that all the accused came together and assaulted the complainant side. One of them was armed with country made pistol and fired at Jakir resulting in a bullet injury in the stomach. Two of the accused are still absconding. Keeping in view the nature of allegations, I am of the considered view that petitioners are not entitled to concession of pre-arrest bail. Dismissed. December 13, 2010 (RAJAN GUPTA) Ajay JUDGE