Crl. Misc. No.M-23635 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-23635 of 2010 Date of Decision: September 1, 2010 Jasbir Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.T.P. Singh, Advocate for the petitioner. Mr.P.S. Bajwa, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Nazar Singh alleging that the complainant is a Driver of M/s Kumar Bus Service, Sirhind which runs on Malerkotla-Kharar route via Morinda. The petitioner abused Conductor Harpreet Sharma regarding the dispute pertaining to picking up of the passengers on July 14, 2010. On Crl. Misc. No.M-23635 of 2010 [2] the same day in the evening, the Bus of the complainant was again stopped. The petitioner being incharge of Syndicate Bus Service alongwith 8-10 boys had attacked the complainant. The petitioner was holding a kirpan. He is alleged to have given a kirpan blow hitting the complainant on the wrist bone. The complainant and his conductor Harpreet Sharma were beaten up with sticks and rods. Counsel for the petitioner has contended that the offence under Section 326 IPC is not made out and that the complainant has suffered minor injury. Counsel has contended that the complainant had not received any injury with sword but he had received injuries as his hand scratched against the iron strip of the widow of his own Bus. After the report of the radiologist on July 15, 2010, offence under Section 326 IPC was added. In view of the nature of the allegations against the petitioner, no extraordinary exceptional circumstances exist for the grant of pre-arrest bail to the petitioner. I have considered the contention of counsel for the petitioner that offence under Section 326 IPC is not made out as the petitioner did not have any intention to cause injury which could reasonably cause death. No opinion can be expressed on the said contention at this stage, when the allegation against the petitioner is that he armed with kirpan accompanied by 8/10 boys constituting an unlawful assembly attacked the complainant for a motive which has clearly been specified i.e. dispute regarding picking up of the passengers between the two transport companies. Crl. Misc. No.M-23635 of 2010 [3] No ground is made out for pre-arrest bail. Dismissed. September 1, 2010 (M.M.S.BEDI) sanjay JUDGE