In the High Court of Punjab and Haryana at Chandigarh ….. Criminal Misc. No.M-5455 of 2009 ….. Date of decision:27.4.2009 Zora Singh …..Petitioner v. State of Punjab …..Respondent ….. Present: Mr. B.S. Kathuria, Advocate for the petitioner. Mr. Sudhir Nehra, Additional Advocate General, Punjab for the respondent-State. .... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 307, 323, 324, 341, 148 and 149 IPC. The FIR has been lodged on the complaint of Balihar Singh on 11.8.2007 in respect of the occurrence of 8.8.207. It has been alleged by the complainant-Balihar Singh that on 8.8.2007 he had gone to the house of his friend Jaskaran alias Jassa to talk about his marriage along with Tirath Singh. Some of his relatives were also present there. The complainant and his friend Tirath Singh thereafter started on their motorcycle to Village Dhani Pind to talk about the marriage. They were going on his Bullet motorcycle and the complainant was sitting on the pillion seat. At about 7.00/7.30 p.m. when they were to pass in front of the house of Kuldeep Singh then 7/8 persons armed with weapons came out of the house of Kuldeep Singh and stopped their motorcycle in the street. Zora Singh Cr. Misc. No.M-5455 of 2009 [2] (petitioner) and Pala Singh were saying loudly that this is Bara Dhani Pindia, today he should not go alive and they would rest after killing him. In the meantime, Zora Singh (petitioner) gave a `Kirpan' blow on Tirath Singh which hit on his right leg. When they tried to alight from their motorcycle then Zora Singh gave `Kirpan' blow on the complainant-Balihar Singh with an intention to kill him which hit him on his head. Thereafter, others caused injuries. Learned counsel for the petitioner has submitted that there is a delay of three days in lodging the FIR. It is submitted that the complainant was discharged from the hospital on 8.11.2008 itself and his statement was recorded on 8.11.2008. It is also submitted that though the petitioner was declared a proclaimed offender, however, the other co-accused, namely, Hans Raj and Sukhdev Singh have been granted the concession of bail by this Court vide order dated 15.12.2008 (Annexure-P.2). Therefore, it is submitted that the petitioner is also liable to be released on bail. In response, learned counsel for the State has submitted that the trial in the case is going on. Three witnesses in the case have been examined and the case is fixed for tomorrow for recording the evidence of other three witnesses. It is also submitted that the petitioner is the main accused in the case and he was declared as proclaimed offender on 25.4.2008 and, therefore, being the main accused and proclaimed offender he is not entitled to the concession of bail. After giving my thoughtful consideration to the matter, it may be noticed that the injury which is attributed to the petitioner on the head of the complainant-Balihar Singh has been opined to be dangerous to life. The Cr. Misc. No.M-5455 of 2009 [3] trial in the case is going on. 'Three prosecution witnesses have been examined and the case for recording the statements of three witnesses is fixed for tomorrow. Apart from this, there are nine other witnesses, who are to be examined. Some of them, it is stated, may be given up. The petitioner is the main accused in the case, inasmuch as, he is attributed an injury on the head of the complainant. Besides, he was a proclaimed offender from 25.4.2008. Insofar as the grant of bail to Hans Raj and Sukhdev Singh is concerned, it may be noticed that even though they were proclaimed offenders, however, the injuries attributed to them are simple in nature. Therefore, the petitioner cannot claim any parity with them. Keeping in view the nature of injuries and the stage at which the present case is, no ground for grant of bail is made out and the criminal miscellaneous petition is dismissed. April 27, 2009. (S.S. Saron) Judge *hsp*