IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-1096 of 2011 Date of decision: 14.1.2011 Rajesh @ Raja and Others …. Petitioners Versus State of Haryana …. Respondent Present: Mr. Sunil Saharan, Advocate for the petitioners. *** S.S. SARON, J. The petitioners pray for pre-arrest bail in a case registered against them on 15.12.2010 for the offences under Sections 148, 149, 323, 324, 427, 447 and 506 Indian Penal Code. The FIR in the case has been registered on the statement of Joginder son of Sri Ram. It is alleged by the complainant that two-three years earlier to the registration of FIR, he had purchased 8 acres of land in the revenue estate of Khasa Mahajan from Sharad Jain. The possession of the land was given to him and he was in possession of the same as owner and was cultivating the same. The complainant had constructed a room, verandah, toilet, bathroom and kitchen on the said land. He had sown 6 acres of land and in 2 acres he had sown wheat. On the date of the incident i.e. 15.12.2010 at about 12 O’clock in the afternoon the complainant along with Ram Parsad, CRM No. M-1096 of 2011 [2] Sanjay and Vijender who were his friends were working in the fields of the complainant with their New Holland 3630 Tractor. In the meantime, the accused came duly armed. Ram Kumar son of Keshu Ram came on his red colour DI 30 tractor along with 4-5 persons. Ram Phal son of Duni Ram with his ‘Toka’ in which there were 15-20 persons sitting came to the fields of the complainant. All the persons were armed with ‘gandasi’, ‘jelly’, ‘kulhari’ (axe), ‘kasola’ (spade) and lathies. It is alleged that the accused after conspiring with each other hurled abuses on the complainant and his friends; besides, said that they would take possession of this land after eliminating the complainant. The complainant identified some of them including Ramesh (petitioner No.3) who had a lathi in his hand; besides, Rajesh @ Raja (petitioner No.1) who also was carrying a ‘lathi’ and also Man Singh (petitioner No.2) who was also carrying a lathi. Ramesh (petitioner No.3) is attributed a ‘lathi’ blow on the bicep of the right hand of the complainant. Man Singh (petitioner No.2) is attributed a ‘lathi’ blow on the left side of the forehead of the complainant. Rajesh @ Raja (petitioner No.1) is not attributed any specific injury. It may however be noticed that the petitioners along with others had formed an unlawful assembly and came duly armed to the fields of the complainant which he had purchased 2-3 years back from Sharad Jain. According to the learned counsel for the petitioners only lathi blows have been attributed to the petitioners No.2 and 3. Besides, Ramesh (petitioner No.3) CRM No. M-1096 of 2011 [3] had got recorded DDR No.29 dated 29.10.2008 (Annexure P1) in respect of an incident that occurred on 29.10.2008 wherein certain persons armed with deadly weapons had demolished the house and wall with tractors besides had taken away the door, window and two girders in their vehicle. It is also submitted that persons from the petitioners side also suffered injuries from the complainant and his accomplices. A reference has been made to the medical report of Satbir Singh who received as many as four injuries and his left arm was fractured. The complainant, it is submitted, is resident of Asthal Bohar Majra, District Rohtak and the land is situated in village Khasa Mahajan, Police Station Agroha, District Hisar. Therefore, it is submitted that the petitioners are entitled to the concession of pre-arrest bail. After giving my thoughtful consideration to the matter and perusing the record, in my opinion, no ground for grant of pre-arrest bail is made out. The petitioners along with others had come duly armed at the land of the complainant which he had purchased 2-3 years ago in the revenue estate of Khasa Mahajan from Sharad Jain. They had caused injuries to the complainant and interfered with his possession. Learned counsel for the petitioners has referred to the application dated 10.12.2010 (Annexure P2) which was submitted to the SSP, Hisar by Balwant Singh son of Sh. Juglal, Bhim Singh, Ram Singh and Rajesh as also Chattar Singh, Om Parkash and Ram Phal. In the said application it CRM No. M-1096 of 2011 [4] is alleged by Balwant Singh son of Juglal that he had been cultivating the land in village Khasa Mahajan along with his family. On this land, their fore-fathers were earlier cultivating and now they were cultivating it. Their fore- fathers had been cultivating the land for more than 100 years. It is alleged that the accused after conspiring with each other filed a false application in the Police Station Agroha against five persons, in which they had levelled false allegations against them regarding stealing of crops, whereas the truth was that the agricultural land was being cultivated by the applicants from very beginning and they had themselves sown the crops in the same land and were harvesting the crops. It is submitted that the accused Joginder son of Sri Ram is a person who is of a criminal nature and connected with land grabbers gang. It is alleged that the applicants were being asked to vacate the land. A perusal of the application (Annexure P2) does not show as to when it was submitted and what is the diary number of its submission; besides, to whom it was handed over. The fact that Satbir has suffered injuries it may be noticed that in the FIR Satbir is said to be armed with ‘Kulhari’. Therefore, in the fight that ensued, Satbir is attributed to have given a ‘kulhari’ blow on the head of the complainant Joginder. As the fight ensued, Satbir may have also suffered some injuries. Keeping in view the large number of people who had gone to take possession of the land; besides, the weapons that they were carrying as also for the purposes of CRM No. M-1096 of 2011 [5] carrying out effective and proper investigations, no ground for grant of pre-arrest bail is made out. Crl. Misc. petition is, accordingly, dismissed. (S.S. SARON) January 14, 2011 JUDGE amit