Criminal Misc. No. M-1101 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-1101 of 2011 Date of decision : 08.02.2011 Sukhwinder Singh @ Sukha ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Bikramjit Arora, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 166 dated 16.07.2010 under Sections 323/324/379/148/149 IPC and Section 326 IPC added later on at Police Station Tarn Taran. Learned counsel for the petitioner contends that petitioner has been falsely implicated in the case by the complainant as an afterthought and thus he deserves the concession of pre-arrest bail. Heard. It appears that petitioner had earlier preferred a similar petition before this court (Crl. Misc. No. M-34074 of 2010) which was dismissed as withdrawn as specific role of causing injury with datar was attributed to him. However, another co-accused (Nirmal Singh) was granted the concession of pre-arrest bail in the said case. Learned counsel has now preferred a second petition on behalf of the same accused (Sukhwinder Criminal Misc. No. M-1101 of 2011 2 Singh @ Sukha) in whose respect he had withdrawn the earlier petition, without explaining any change of circumstance. Learned counsel has also referred to order passed in case of co-accused (Balwant Singh) to contend that petitioner is similarly placed as co-accused (Balwant Singh). However, a perusal of the order shows that said accused was empty handed while the petitioner was armed with datar and caused injuries. Under the circumstances, I am of the considered view that petitioner is not entitled to concession of bail. The FIR was registered in July, 2010 and petitioner has succeeded in evading the process of law for sufficiently long time. In view of above, the petition is devoid of merit and is hereby dismissed. February 08, 2011 (RAJAN GUPTA) Ajay JUDGE