IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-13246 of 2009 (O&M) Date of decision: 28th May, 2009 Kartar Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. O.P. Kamboj, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Five of the co-accused had earlier filed Criminal Misc. No. M- 13224 of 2009 for the same relief. In their case, following order was passed: “Present petition has been filed under Section 438 Cr.P.C. seeking grant of anticipatory bail to the petitioners in case FIR No. 258 dated 25.11.2008 registered at Police Station Sadar Jalalabad, District Ferozepur under Sections 307, 324, 323, 148, 149, 427, 379, 506 & 336 IPC and sections 25, 27, 54 & 59 of Arms Act. Petitioners had earlier filed Criminal Misc. No. M-33537 of 2008. The same was listed before a Coordinate Bench and prayer for pre-arrest bail was withdrawn by the petitioners on 19th December, 2008. Thereafter, petitioners had again filed a petition for pre-arrest bail. The same was also dismissed as withdrawn on March 5, 2009. A perusal of the FIR shows that complainant has specifically stated that various persons, including petitioners, constituted unlawful assembly, came armed with lethal weapons, caused injuries and also resorted to firing. Prayer made in the present petition is that later inquiry was held by Criminal Misc. No. M-13246 of 2009 (O&M) Superintendent of Police (Detective), who found that the shots were not aimed at the complainant but were fired in air, therefore, section 307 IPC is to be substituted with section 336 IPC. An attempt has been made to make the offence bailable. However, non-bailable offence, after the inquiry, remains under Section 379 IPC. Twice having failed before this Court, petitioners have followed the route to approach the police officers and get the offence deleted. The story as narrated by the complainant in the FIR, if taken into consideration, petitioners were members of unlawful assembly, which had committed serious offences. Therefore, this Court cannot come to the rescue of the petitioners. Hence, the present petition is dismissed.” Case of the petitioner is not different from his co-accused. Hence, for the reasons stated in order dated 14th May, 2009 passed in Criminal Misc. No. M-13224 of 2009 in case of co-accused, pre-arrest bail application of the petitioner is also dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE May 28, 2009 rps 2