Crl. Misc. No.M-3878 of 2011 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-3878 of 2011 Date of decision: 07.02.2011 Sahba alias Saab Singh and another .. Petitioners Versus State of Punjab .. Respondent Present:- Mr.Sarbjit Singh, Advocate for the petitioners. * * * * S.S. SARON, J. Heard counsel for the petitioners. The petitioners Sahba alias Saab Singh and Anju alias Ajay Singh pray for pre-arrest bail in a case registered against them on 18.11.2010 for the offences under Sections 326, 324 and 34 IPC. In the incident that occurred on 14.11.2010, petitioner No.2-Anju alias Ajay Singh is attributed a gandasi blow on the left side of the forehead above the eye- brow of the complainant-Tirlok Singh. Petitioner No.1-Sahba alias Saab Singh is attributed a gandasi blow on the thumb of left hand of the complainant-Tirlok Singh. Learned counsel for the petitioners submits that the FIR has been registered four days after the incident; besides, the petitioners have been implicated as there was a dispute regarding the construction of platform by one Vikas Kumar in which the complainant is said to have helped Vikas Kumar alias Vicky. After giving my thoughtful consideration to the matter, it may be noticed that the complainant-Tirlok Singh is a retired Assistant Sub Inspector from the Punjab Police. On the date of the incident i.e. on 14.11.2010 at about 8.30 p.m., the complainant went to the hardware shop Crl. Misc. No.M-3878 of 2011 ::2:: of Vikas Kumar alias Vicky goldsmith. At that time, the petitioners and their co-accused Avarjeet Singh alias Bau (non-petitioner) were present. On seeing the complainant-Tirlok Singh, Avarjeet Singh alias Bau (non- petitioner) raised a lalkara and said that “the complainant be taught a lesson for helping Vikas Kumar alias Vicky and for opposing him (Avarjeet Singh alias Bau) for constructing a platform in front of his (complainant's) shop. On this, Anju alias Ajay Singh (petitioner No.2) gave a gandasi blow on the left side of forehead above the eye-brow of the complainant. Avarjeet Singh alias Bau (non-petitioner) attacked with his kirpan. The complainant raised his left arm in self-defence and kirpan blow hit him on his elbow of left arm. Sahba Singh alias Saab Singh (petitioner No.1) gave a gandasi blow on the left thumb of the complainant. The complainant then raised a hue and cry and on hearing the same, Jagtar Singh came at the spot, who witnessed the entire incident. Jagtar Singh along with the neighbours of the complainant, rescued him (complainant) from the assailants. The three assailants ran away from the spot of incident. As per medical report (Annexure P-2) of the complainant-Tirlok Singh three injuries attributed to the three assailants have been noticed. The case relates to causing of injuries in the open street with sharp edged weapons. Besides, there is a motive for the petitioners to cause the injuries inasmuch as the petitioners felt that the complainant had helped Vikas Kumar alias Vicky in the construction of a platform in front of his shop. In the aforenoticed facts and circumstances, no ground for grant of concession of pre-arrest bail to the petitioners is made out. Accordingly, the criminal miscellaneous petition stands dismissed. (S.S. SARON) February 07, 2011 JUDGE sukhpreet