Crl. Misc. No. M-26392 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-26392 of 2009 DATE OF DECISION: January 08, 2010 Ram Tirath .........PETITIONER(S) VERSUS State of Punjab ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. JBS Gill, Advocate, for the petitioner. Ms. Rajni Gupta, Addl. A.G., Punjab. AJAI LAMBA, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for bail to the petitioner in case FIR No. 195 dated 11.07.2009 under Sections 323/324/326/450/148/149 IPC and Section 307 added later on 23.07.2009, P.S. Sadar, Hoshiarpur. Learned counsel contends that the role ascribed to the petitioner is only an injury on the elbow of the complainant namely Kamalpreet Singh s/o Gurmej Singh. Learned counsel further contends that the petitioners suffers from an ailment-Epilepsy. I have considered the contention in the context of the role ascribed to the petitioner and the co-acused. As per the allegations in the FIR, at about 11.00 p.m., while the complainant and his grand-father Gurnam Singh were sleeping in the courtyard, there was knocking on the Crl. Misc. No. M-26392 of 2009 2 door. Balwinder Singh @ Raja entered after scaling over the wall, armed with a kirpan opened the gate from inside whereupon, five more boys entered the gate which included the petitioner. Balwinder gave a lalkara to teach Kamalpreet (complainant) a lesson from stopping him in the way. A kirpan blow was given to the complainant by Balwinder. So far as the role of the petitioner is concerned, the petitioner was armed with a datar and gave a blow with the same on the elbow of left arm of the complainant The complainant fell down. While he was lying down, the other accused gave injuries to the complainant. Considering the fact that the petitioner alongwith other persons came duly armed at the dead of night and got the house opened and together attacked the complainant, no ground for bail under Section 438 Cr.P.C. is made out. Petition dismissed. 08.01.2010 (AJAI LAMBA) shivani JUDGE