IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-14626 of 2010 Date of decision : 7.7.2010 Sukhwinder Singh @ Kala and another …. Petitioners Versus Bikram Singh and another …. Respondents Present : Mr. D.S. Pheruman, Advocate for the petitioners. petitioners. Mr. VPS Sidhu, AAG, Punjab. None for respondent No.2. *** S.S. SARON, J. Heard counsel for the parties. The petitioners seek pre-arrest bail in a complaint case titled Bikram Singh v. Sukha Singh and others (Annexure P2) filed under Sections 307, 324, 326, 323, 382, 427, 148 and 149 IPC pending in the Court of learned Sub Divisional Judicial Magistrate, Baba Bakala, District Amritsar. It is alleged by the complainant/respondent No.1 Bikram Singh that his brother Gurdial Singh is a baptized Sikh and is follower of Guru Granth Sahib Satkar Committee. Balbir Singh Muchhal is the President of the Satkar Committee. At about 6.00 p.m. on 13.7.2008 when they had reached the dera of Sukha Singh Nihang, Sukhwinder Crl. Misc. No. M-14626 of 2010 [2] Singh (petitioner No.1) met them at the first instance. Balbir Singh Muchhal made a request to him that they had come to know that he was not paying proper respect to the holy book of Sri Guru Granth Sahib and that proper respect be given to Sri Guru Granth Sahib or the holy book of Sri Guru Granth Sahib be sent to the Gurudwara so that proper care could be taken. On this Sukha Singh and Sukhwinder Singh @ Kala (petitioner No.1) got into a dispute of exchanging hot words and started hurling filthy abuses. Then they asked the complainant to leave the place, otherwise they would not be left alive. Out of fear, the complainant came out from the dera of Sukha Singh Nihang and came towards the other side of the road. Then Sukha Singh (non-petitioner), Sukhwinder Singh @ Kala (petitioner No.1) and Sarabjit Kaur (petitioner No.2) raised a lalkara and said that who were they to teach them how to pay respects to Sri Guru Granth Sahib. In the meantime, Sarabjit Kaur (petitioner No.2) snatched the camera from Bir Singh who was accompanying the complainant and broke the same. She also raised lalkara to catch hold of the complainant and teach them a lesson. On this, all the accused assaulted Balbir Singh and threw him on the ground. Thereafter, Sukhwinder Singh @ Kala (petitioner No.1) took out a revolver and made an attempt to fire at Balbir Singh Muchhal. The complainant requested him that they should not do this in this manner. Then Sukha Singh (non-petitioner) fired two shots in the air with his revolver and then Sukhwinder Singh @ Kala (petitioner No.1) and Sarabjit Kaur (petitioner No.2) raised lalkara that they would not allow them to escape. On their saying so, Sukha Singh Nihang (non-petitioner) fired third shot from his rifle straightaway at Gurdial Singh, brother of the complainant with an Crl. Misc. No. M-14626 of 2010 [3] intention to kill him and the shot hit on the abdomen of Gurdial Singh, brother of the complainant. He became unconscious and fell down and while falling down on the ground, Sukhwinder Singh (petitioner No.1) and Sarabjit Singh (petitioner No.2) dragged him due to which Gurdial Singh suffered injuries on his left arm. The occurrence was witnessed by the complainant/respondent No.1 Bikram Singh and his maternal uncle Mangal Singh. They rescued Gurdial Singh from the clutches of the accused. Thereafter, an arrangement of transport was made and Gurdial Singh was admitted in Sri Guru Ramdas Charitable Hospital. There he was under treatment and his one kidney was damaged which the doctors have removed. The grant of pre-arrest bail is sought by the petitioners in the complaint case. The allegations against them are primarily of raising lalkaras and of Sukhwinder Singh (petitioner No.1) firing in the air. The fire arm injury is attributed to Sukha Singh (non-petitioner). It is submitted that the case is pending before the learned Magistrate for committal proceedings. The FIR in the case is also pending before the learned Magistrate. It is submitted that the complaint (Annexure P2) is a cross case of the FIR which has been lodged by the petitioner side. Both the State case and the complaint case are pending before the Sub- Divisional Judicial Magistrate for the purposes of committal. In respect of the complaint case, the custody of the petitioners is not required for the purposes of investigation and the real intent of the summoning order is to secure their presence. Crl. Misc. No. M-14626 of 2010 [4] In the facts and circumstances, keeping in view the role attributed to the petitioners, it would be just and expedient that they are granted the concession of pre-arrest bail. Accordingly, the Crl. Misc. petition is allowed and the petitioners are directed to put in appearance before the Court of learned Sub-Divisional Judicial Magistrate, Baba Bakala within two days from the receipt of copy of the order. However, in the event of their arrest, they shall be admitted to interim bail on their furnishing personal bonds and surety each to the satisfaction of the said Court. July 7, 2010 (S.S.SARON ) amit JUDGE