CRM-M-24059 of 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-24059 of 2009 DATE OF DECISION: 03.09.2009 **** Sukhmander Singh @ Mander Singh . . . . Petitioner VS. State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.P.S. Hundal, Sr. Advocate with Mr.Premjit Singh Hundal, Advocate for the petitioner. **** RAKESH KUMAR JAIN J.(ORAL) This is a petition under Section 438 Cr.P.C seeking anticipatory bail in case FIR No.53/2009 dated 17.8.2009 registered under Sections 307, 382, 511, 353, 332, 186, 148, 149 IPC at Police Station Sadiq, District Faridkot. Tersly, the FIR has been registered on the complaint of HC Labh Singh No.724. As per the prosecution’s case, the Police party stopped one motorcycle carrying four persons coming from the Ferozepur side and asked them to show the papers of the motorcycle. The said persons started quarreling with the Police party. In the meantime, SHO along with other Police officials came on the spot. When they tried to take all the four persons to the Police Station and had reached near the Tehsil Office, 25/30 persons came on motorcycle, some on foot armed with ‘Dandas’ ‘Sottis’, ‘Baseball etc.’ and tried to rescue those four persons. Mukhtiar Singh son of Puran Singh and his two sons Raj Kiran @ Raju and Sukhwant singh and Mander Singh driver Seer Wali raised a ‘lalkara’. Maur Singh gave ‘Baseball Bat’ blow to SI CRM-M-24059 of 2009 - 2 - Pardeep Singh SHO on his head. Mander Singh gave a ‘Danda’ blow on the right elbow of the SHO. Mukhtiar Singh gave a ‘Danda’ blow on the right elbow of the SHO. Gursewak Singh, Gurcharan Singh and Shinder Singh tried to snatch the Carbine of the complainant. In this process, they dragged him and tore off his uniform. At this stage, SI Pardeep Singh took out his pistol and fired two shots in the air. PHG Balwant Singh also fired in the air from his service rifle. Five persons, namely, Mukhtiar Singh, Nachhattar Singh, Mangal Singh, Jarnail Singh and Inderjit Singh were apprehended at the spot but the remaining assailants ran away. Before coming to this Court, the petitioner had applied for anticipatory bail before the Court of Sessions Judge, Faridkot, which was dismissed on 25.8.2009. Learned senior counsel for the petitioner has vehemently argued that the petitioner was not present at the time of occurrence as he is working as a driver in Punjab Roadways and was on duty. I have heard learned counsel for the petitioner. The Learned Court below has seen some photographs of the place of occurrence from the Police file. MLR of SHO Pardeep Singh reveals head injuries and MLR of HC Labh Singh (complainant) has also shown injuries. Keeping in view the facts and circumstances of this case, in which the petitioner has collectively participated in beating the police officials, who were discharging their official duties, I do not find it to be a case for the grant of anticipatory bail. Hence the present petition is hereby dismissed. (RAKESH KUMAR JAIN) SEPTEMBER 03, 2009 JUDGE vivek