Crl. Misc. No. M-24868 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-24868 of 2010 (O&M) Date of decision : 31.8.2010 Des Raj and others ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Rahul Rampal, Advocate for the petitioners. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. Rajan Gupta, J. (oral) This is a petition under Section 438 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioners under Sections 323, 341, 506/34 and Section 308 IPC (added later on) at Police Station Division No.4, District Ludhiana, vide FIR No.86 dated 21st July, 2010. Learned counsel for the petitioners has argued that there was delay in lodging the FIR and there is no external marks of injuries on the person of the injured. The petitioners are, thus, entitled to concession of pre-arrest bail. The prayer has been opposed by learned State counsel. He submits that the injuries inflicted by the petitioners were declared dangerous by the doctors at CMC Medical College & Hospital, Ludhiana. According to him, the injured had to undergo a surgery as a result of injuries suffered by him and remained admitted in the hospital Crl. Misc. No. M-24868 of 2010 2 for considerable time. He has prayed for dismissal of the pre-arrest bail petition. I have heard learned counsel for the parties and given careful thought to the facts of the case. It is evident that allegation in the FIR is that the petitioner along with co-accused assaulted the complainant's family outside their house and hurled stones and brickbats. They also scuffled with daughters of the complainant. An injury suffered by the injured (complainant) was declared dangerous and thus, offence under Section 308 IPC was included in the case. I am, thus, of the considered view that the petitioners are not entitled to the concession of pre-arrest bail. The petition is devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 31.8.2010 'rajpal'