Crl.M.No.M-26911 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-26911 of 2010 (O&M) Date of Decision:September 14, 2010 Sandeep Singh and others .....Petitioners v. State of Punjab and another .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.TPS Tung, Advocate for the petitioners. .... RAM CHAND GUPTA, J.(Oral) Crl.M.No.48019 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-26911 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.92, dated 18.8.2010, under Sections 326, 323, 341, 364, 511, 148, 149 IPC, registered at Police Station Ghuman, Police District Batala, Gurdaspur. I have heard learned counsel for the petitioners and have gone through the whole record carefully, including the order passed by learned Sessions Judge, Gurdaspur, vide which application filed on behalf of the present petitioners for anticipatory bail was dismissed. Brief allegations against the petitioners-accused are that on 18.8.2008, complainant was driving school bus bearing No.DL-1V-1433 and his nephew Anmoljit Singh, aged ten years, was also travelling with him. When they reached near Gurudwara of Village Madhre at about 4.30 p.m., applicants-accused Joginder Singh armed with dang, Malkit Singh armed with kirpan, Sandeep Singh armed with dang and non-applicant Gagandeep Singh empty handed came on four motor-cycles. Non- applicant-Balwinder Singh @ Fauji raised lalkara to abduct the boy. Non- applicant Azad Singh pulled Anmoljit Singh from the bus and gave him Crl.M.No.M-26911 of 2010 (O&M) -2- injuries with sota. When complainant Malook Singh alighted from the bus, he was caught hold by Gangandeep Singh and Sandeep Singh. Balwinder Singh and Azad Singh tried to abduct the child on the motorcycle and on raising lalkara, other persons were attracted. Sandeep Singh and Gagandeep Singh made free the complainant. However, Malkit Singh gave kirpan blow on his left arm and Joginder Singh gave two dang blows to Anmoljit Singh. Hence, applicants-accused tried to abduct Anmoljit Singh, aged ten years and in the process inflicted three injuries to Malook Singh, complainant and two injuries to Anmoljit Singh. One of the injuries on the left arm of Malook Singh was declared as grievous caused by sharp edged weapon. It has been contended by learned counsel for the petitioners that petitioners have been falsely implicated in this case just as a counter-blast to a complaint already filed on behalf of the petitioners-accused against the complainant-party. However, allegations against the petitioners-accused are serious in nature. They tried to abduct a minor child and in the process, caused injuries to the minor child and the complainant, while they were armed with deadly weapons including kirpans. Weapons of offence are yet to be recovered from the petitioners-accused. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners-accused. Rather, their custodial interrogation is necessary. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioners- Sandeep Singh, Malkit Singh and Joginder Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 14.9.2010 (Ram Chand Gupta) meenu Judge