Criminal Misc. No. M-1154 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-1154 of 2011 Date of decision : 31.01.2011 Rajwinder Singh @ Vicky ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Veneet Sharma, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioner vide FIR No. 147 dated 11.11.2009 under Sections 323, 324, 34 IPC and Section 326 IPC added later on at Police Station A-Division, Amritsar. Learned counsel for the petitioner has argued that co-accused were granted the concession of pre-arrest bail vide order, Annexure P-1. According to him, in a subsequent incident which took place, the petitioner himself suffered injuries. He thus submits that petitioner is entitled to the concession of pre-arrest bail. A perusal of the allegations in the FIR shows that petitioner along with co-accused assaulted the complainant on 08.11.2009 at about 8.30 p.m. The petitioner is alleged to have given a kirpan blow which injured the complainant on the elbow. Offence under Section 326 IPC was Criminal Misc. No. M-1154 of 2011 2 added in view of the injury caused. A perusal of order dated 08.01.2010 granting pre-arrest bail to the co-accused shows that a stand was taken before this court that non-applicant (petitioner herein) had been attributed a grievous injury. Under the circumstances, I am of the considered view that petitioner is not entitled to the concession of anticipatory bail. The petition is devoid of merit and is hereby dismissed. It is, however, directed that in case petitioner surrenders before the competent court and applies for regular bail, the same shall be decided within three days thereafter. January 31, 2011 (RAJAN GUPTA) Ajay JUDGE