In the High Court of Punjab and Haryana at Chandigarh ….. Criminal Misc. No.M-10137 of 2009 ….. Date of decision:27.4.2009 Ashwani Kumar …..Petitioner v. State of Punjab …..Respondent ….. Present: Mr. Jitender Singh Dadwal, Advocate for the petitioner. Mr. Sudhir Nehra, Additional Advocate General, Punjab for the respondent-State. Mr. Puneet Sharma, Advocate for the complainant. .... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 307, 323, 324, 341, 427, 148 and 149 IPC. The FIR has been lodged on the complaint made by Vishal Joshi on 6.11.2008. It has been alleged by the complainant that he does finance business at Ludhiana. The friend of the complainant, namely, Ranjot Singh had come from abroad and he was to return on 8.11.2008. On 5.11.2008, the complainant Vishal Joshi, his friend Ranjot Singh along with his nephew Gobind Kaushal, his employee Ravinder Singh and friend Vaibhav Verma went out in a Santro car. They went to the liquor vend of Sidhu situated in Sarabha Nagar, Ludhiana to have drinks. In the meanwhile, four young boys came there in an Alto car and they started Cr. Misc. No.M-10137 of 2009 [2] consuming beer. They got into a quarrel with Vaibhav Verma. On this the complainant and his companions tried to pacify them and told them that they should not fight. Thereafter, the complainant and his companions started enjoying their drinks. After some time again they tried to quarrel with the complainant party but the persons from the complainant side never spoke to them. After having their drinks and taking their meal, the complainant and his companions left for their house in the car. Thereafter, the said four young boys and 10-12 other persons had followed the complainant side on their Alto car, motorcycles and scooters. At about 10.00 p.m., the complainant and his companions reached opposite Hero Bakery near Pakhowal Lights, Ludhiana then those boys came there and stopped their vehicles and `gheraoed’ the complainant party. The boys were armed with baseball bats, swords and they started inflicting injuries with their respective weapons while the persons from the complainant side sat in their car. The complainant suffered injuries towards left abdomen and chest and back. Even those young persons inflicted injuries on Ranjot Singh, Ravinder Singh, Gobind Kaushal and Vaibhav Verma. Vaibhav Verma suffered grievous injuries in his stomach and as such he fell in the car. Those boys thought that Vaibhav Verma had died. Thereafter they along with their respective weapons fled away on their vehicles. The complainant then made a telephone call at his house and his brother Vivek, Romi Aneja and other persons came at the spot and the injured were taken to DMC Hospital, Ludhiana. Learned counsel for the petitioner has contended that the petitioner is not named in the FIR and in any case in the subsequent statement of Vishal Joshi that was recorded on 14.11.2008 no injury has Cr. Misc. No.M-10137 of 2009 [3] been attributed to him. In response, learned counsel for the State and the complainant have submitted that the petitioner is part of a gang in Ludhiana which has been creating trouble. Besides, Vishal Joshi has stated that the petitioner caused an injury with the baseball bat on the left arm of the complainant- Vishal Joshi, besides, he broke the window panes of the car. Learned counsel for the State has submitted that PO proceedings have been initiated against the petitioner. After giving my thoughtful consideration to the matter, it may be noticed that the allegations against the petitioner are serious in nature. The petitioner is stated to be a member of a gang which has been creating trouble in Ludhiana. Besides, he has been attributed a specific injury on the arm of the complainant. Besides, he had broken the window panes of the car in which the complainant was travelling. In the afore-noticed circumstances, no ground for grant of pre- arrest bail is made out. The criminal miscellaneous petition is dismissed. April 27, 2009. (S.S. Saron) Judge *hsp*