IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 2708 of 2009 Date of decision: March 3, 2009 Parshotam Lal @ Fauji and others ….. Petitioners Versus State of Punjab ….. Respondent Present: Mr. Munish Bhardwaj, Advocate for the petitioners. Mr. P.S. Sidhu, Addl. A.G., Punjab. *** S.S. SARON, J. Heard counsel for the parties. The petitioners pray for pre-arrest bail in a case registered against them for the offences under Sections 326, 324, 323, 380, 506, 427 and 148/149 IPC. The FIR has been registered on the statement of Happy @ Ujala. It is alleged by the complainant that he is running a shop in the name of Ujala Music Centre at Nakodar. In the morning of 12.3.2007, he was cleaning his shop. Then various persons including Parshotam Lal @ Fauji (petitioner No.1) armed with Kirpan, Himat Kumar (petitioner No.2) armed with Kirpan and Surinder Kumar (petitioner No.3) armed with datar and seven other persons duly armed entered the shop of the complainant while giving filthy abuses and lalkaras. Parshotam Lal @ Fauji (petitioner No.1) raised a lalkara and gave a ‘sword’ blow on the left side of the head of the complainant. They dragged him out of the shop. Then Himat Kumar (petitioner No.2) gave a sword blow on the back of the head of the complainant. Surinder Kumar (petitioner No.3) is attributed a datar blow on his right hand middle finger. Injuries have been attributed to the other accused also. Crl. Misc. No. M- 2708 of 2009 [2] Learned counsel for the petitioner has relied on the report (Annexure P1) of the Deputy Superintendent of Police in which he observed that the fight had taken place between Happy @ Ujala (complainant) and Deepak on one side and Dimple and Love on the other side. However, both had given names of other persons due to politics in the Mohala so that they were presurrized. Accordingly, Deputy Superintendent of Police, Sub Division, Nakodar found various persons including the petitioners to be innocent. On the strength of the said report, it is submitted that the petitioners being innocent are entitled to the concession of bail. Learned counsel for the State has submitted that the matter was inquired into by the Superintendent of Police (City) Jalandhar and he found that the case has been correctly recorded and it was recommended that if the report is approved then SHO Police Station Nakodar may be directed that the challan be prepared and filed in Court against the accused. The said report which is submitted by the S.P. (City) Jalandhar has been approved by the Senior Superintendent of Police, Jalandhar. Keeping in view the nature of allegations attributed to the petitioners of having entered the shop and causing grievous injuries to the complainant, it would be just and expedient to decline the bail application of the petitioners. Parshotam Lal @ Fauji (petitioner No.1) and Himat Kumar (petitioner No.2) have been attributed ‘kirpan’ blows on the head of the complainant and Surinder Kumar (petitioner No.3) is attributed a blow on the right hand which it is submitted hit on the right hand middle finger. Learned counsel for the State has submitted that the injury on the right middle finger of the complainant is a grievous injury. In the circumstances, no ground for pre-arrest bail to the petitioners is made out. Accordingly, Crl. Misc. petition is dismissed. March 3, 2009 (S.S. SARON) Amit JUDGE