IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-21089 of 2010 Date of decision: 2.8.2010 Nawab and Others …. Petitioners Versus State of Haryana ….. Respondent Present : Mr. A.K. Bishnoi, Advocate for the petitioners. *** S.S. SARON, J. Heard counsel for the petitioners. The petitioners seek pre-arrest bail in a case registered against them for the offences under Sections 307, 323, 324, 452, 506 and 148/149 IPC; besides, Section 25 of the Arms Act. The FIR in the case has been registered on the statement of Islam. Who has alleged that on 24.3.2010 at about 12.30 p.m., the complainant Islam, his brother Ikram, complainant’s son Iklakh, his niece Alarakha; besides, Sartaj son of Jahid were sitting in the house of the complainant’s brother Ikram and were discussing their business. At that time, Nawab (petitioner No.1), his brother Hanif, Wahid, Akhtar (non-petitioners) and sons of Nawab (petitioner No.1) namely Akbar, Salim, Aslam, Anwar; besides, Chand and Razuddin sons of Hanif (non-petitioners), Mustkim @ Bonu (petitioner No.2) and Junior (petitioner No.3) son of Wahid in furtherance of their common intention came there. They were armed with lathis, dandas, rod, dhuri, gandasa and country made pistol. Nawab (petitioner Crl. Misc. No. M-21089 of 2010 [2] No.1) had a country made pistol and he with an intention to kill them fired at the complainant and the persons with him but the shot missed. Thereafter, he (Nawab) raised a lalkara to finish the complainant side. Mustkim (petitioner No.2) who had a lathi in his hand, gave a lathi blow which hit on the left hand of the complainant Islam. Junior (petitioner No.3) was carrying a ‘dhuri’ which he hit on the right leg of the complainant. Thereafter, the remaining accused inflicted injuries on the complainant. On alarm being raised by the complainant, they were saved by Mahender son of Hira Singh and Ravinder son of Rattan Singh and some other persons who had come. They were then admitted in the hospital. Ikram son of Majid and Alarakha son of Bhura were serious and had been referred for medical treatment to Delhi. There was previous enmity due to litigation. The accused, it is alleged, were of criminal nature and had caused injuries to the complainant. Necessary action was asked to be taken against them. The co-accused of the petitioners namely Hanif, Wahid, Akhtar and sons of Nawab (petitioner No.1); Akbar, Salim, Aslam, Anwar Chand and Razuddin have been granted bail by this Court vide order dated 8.7.2010 (Annexure P2). However, in their case it was observed that no specific role was attributed to them. In the present case, however, specific role is attributed to each of the petitioners. Nawab (petitioner No.1) had fired with his country made pistol at the complainant Islam and the persons accompanying him when all of them were sitting at the house of Ikram, brother of the complainant with an intention to kill them. Mustkim (petitioner No.2) who had a Crl. Misc. No. M-21089 of 2010 [3] lathi in his hand gave a lathi blow on the left hand of the complainant and Junior (petitioner No.3) inflicted a ‘dhuri’ blow on the right leg of the complainant. The petitioners duly armed had entered the house of Ikram, brother of the complainant Islam and had caused injuries to them. The condition of the injured was serious and two of them were referred for medical treatment at Delhi. In the facts and circumstances, no ground for pre-arrest bail is made out to the petitioners. Crl. Misc. petition is accordingly dismissed. (S.S. SARON) JUDGE August 2, 2010 amit