IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-26216 of 2010 Date of decision : 8.9.2010 Avtar Singh @ Tinu ….. Petitioner Versus State of Punjab ….. Respondent Present : Mr. Vimal Kumar Gupta, Advocate for the petitioner. S.S. SARON, J. Heard learned counsel for the petitioner. Petitioner prays for grant of pre-arrest bail for the offences under Sections 307, 324, 323, 148, 149 and 506 of the Indian Penal Code registered at Police Station, Zirakpur, District S.A.S. Nagar. The FIR in the case has been registered on the statement of Harminder Singh who is working as Accountant in the office of S.K. Properties, Dev Complex, Bhabat Road, Zirakpur. Kulvinder Singh has a taxi stand opposite to their office and Lakhwinder Singh is working as a driver. It is alleged that at about 5.30 p.m. on 12.8.2010 Lakhwinder Singh was sitting in the office of the complainant. In the meanwhile, Gurdev Singh @ Godda alias Sonu, Avtar Singh alias Tinu (petitioner), Paramjit Singh alias Mona and Jimmi, all residents of Bhabat and one Kulwinder Singh @ Kala CRM No. M-26216 of 2010 [2] resident of Darya Pur, presently residing at Dashmesh Colony, Zirakpur reached at the spot on a motorcycle and on a silver colour Santro car. Gurdev Singh @ Godda was driving the motorcycle and the remaining accused were in the car. It is alleged that Paramjit Singh @ Mona was having a baseball bat and the remaining accused were armed with Kirpans. Gurdev Singh @ Godda gave a Kirpan blow on the middle finger of left hand of Lakhwinder. Then Avtar Singh @ Tinu (petitioner) gave a blow with the back side of Gandasi (binda) on the right hand of Lakhwinder Singh. Lakhwinder Singh then raised a noise to save him. When complainant was trying to save Lakhwinder Singh, then Kulwinder Singh @ Kaka gave a gandasi blow on head of the complainant. Besides, Jimmi gave a gandasi blow on the left side of the head of the complainant due to which the complainant fell down. Then Paramjit Singh @ Mona gave a blow with a baseball bat on his stomach. They raised a hue and cry and on hearing their cries, people reached at the spot. When the accused saw that others were coming at the spot then they ran away from the spot along with their arms. Learned counsel for the petitioner has contended that a false case has been registered by the complainant-Harminder Singh in collusion with the local police. It is submitted that one of the accused namely Paramjit Singh @ Mona who is alleged to be carrying a baseball bat was not present at the spot and he was on duty in a private factory. It is also submitted that petitioner is young person and has been falsely implicated in the present case. There is no other case pending against him. CRM No. M-26216 of 2010 [3] I have given my thoughtful consideration to the matter. It may be noticed that petitioner is attributed a specific blow with a Gandasi (binda) on the right hand of Lakhwinder Singh. According to the complaint the injury is simple in nature. However, it may be noticed that the petitioner is said to be a part of an unlawful assembly which had gone to the shop of the complainant and caused injuries to the complainant as well as to Lakhwinder Singh. Gandasi blows are attributed on the person of the complainant. In the facts and circumstances of the case, no ground for the grant of pre-arrest bail is made out. Consequently, the petition is dismissed. (S.S. SARON) JUDGE September 8, 2010 Pka/amit