Crl. Misc. No.M-25305 of 2010(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-25305 of 2010 (O&M) Date of Decision: October 7, 2010 Kailash Bainsala …..Petitioner Vs. State of Haryana …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. R.S.Rai, Sr. Advocate with Mr. Aman Pal, Advocate for the petitioner. Mr.Amit Rana, DAG, Haryana. Mr.A.P.S. Deol, Sr. Advocate with Mr. Davinder Bir Singh, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Daulat Ram Bhaskar, XEN, alleging that he was Crl. Misc. No.M-25305 of 2010(O&M) [2] attacked by three boys armed with Hockey and dandas. So far as petitioner is concerned, the allegation against him is that the incident of beating was at the instance of petitioner. Counsel for the petitioner has vehemently contended that the petitioner has been involved in the case on account of political rivalry at the instance of sitting Minister. The petitioner was earlier a Municipal Councilor but later on the Ward No.19 was reserved for females as such the wife of the petitioner was elected as Municipal Councilor from Ward No.19 of Faridabad after having defeated the wife of nephew of sitting Minister. State counsel and counsel for the complainant had opposed the petition for pre-arrest bail on the ground that the petitioner has got a criminal background having been involved in a number of cases. List of six cases was brought to the notice of this Court but counsel for the petitioner has submitted that the petitioner stands acquitted in four cases and petitioner has not been challaned in one another case as his name is mentioned in column No.2 of the charge-sheet. Petitioner filed a Misc. application giving list of six cases registered against him, which is as follows:- S. No. FIR No. Date Sections Police Station Remarks 1. 274 19.9.199 9 147, 323, 186, 149, 353 IPC Sarai Khwaja Acquitted vide judgment dated 23.11.06. 2. 208 22.7.200 8 302, 323, 506 148, 149 IPC Suraj Kund, Faridabad Column No.2. Crl. Misc. No.M-25305 of 2010(O&M) [3] 3. 92 1.4.2008 148, 149, 323, 341, 285, 506 IPC and 27/54/59 Arms Act. Suraj Kund, Faridabad Placed in Column No.2 in Final report under Section 173 Cr.P.C. dated 26.4.2008. 4. 63 26.2.200 7 147, 149, 148, 323, 427 IPC Sarai Khwaja, Faridabad Pending charges framed. 5. 272 2.6.2004 408, 419, 467, 471, 120-B, 420, 468 Sarai Khwaja, Faridabad Acquitted vide judgment dated 31.8.2009 6. 107 1999 302 IPC Kosi Kalan, District Mathura Acquitted vide order dated 13.1.2003. I have heard counsel for the parties and gone through the judgments of acquittal in cases of assault and murder. The nature of the accusations in all the cases and the manner in which the acquittal has been achieved is reflective of the influence and terror used by the petitioner by tampering with the evidence. The connectivity of the petitioner with the present incident where a government official has been beaten up to prevent him to perform his official duties, the record of the mobile connection of the accused and the petitioner before and after the occurrence are indicative of the involvement of the petitioner. The petitioner has been charged on Crl. Misc. No.M-25305 of 2010(O&M) [4] October 21, 2009 and August 7, 2010 in FIR NO. 63/2007, Police Station Sarai Khawaja and FIR No. 313 dated October 13, 2009 of Police Station Sarai Khawaja in cases of unlawful assembly and assault. A person who commits an offence during the pendency of criminal cases is not entitled to the concession of pre-arrest bail. Petition for pre-arrest bail is thus dismissed. Nothing said in this order will prejudice the rights of the petitioner to seek the concession of regular bail, in accordance with law. October 7, 2010 (M.M.S.BEDI) sanjay JUDGE