IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-34608 of 2009 Date of decision : 15.12.2009 Risi Pal @ Neetu …. Petitioner Versus State of Haryana …. Respondent Present: Mr. A.K. Rathee, Advocate for the petitioner. Mr. Rajeev K. Takkar, Addl. A.G., Haryana. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in case FIR No.218 dated 7.11.2009 registered against him for the offences under Sections 452, 307 IPC; besides, Section 25 of the Arms Act at Police Station Lakhan Majra, District Rohtak. The FIR in the case has been registered on the complaint of Mukesh who is the elder brother of the petitioner. It has been alleged by the complainant Mukesh that he is living separately from his younger brother Risi Pal @ Neetu (petitioner) for the last 2-3 years. They are not having cordial relations due to dispute regarding the partition of land and house. About four years back, the petitioner had shot the complainant but being younger brother, he forgave him. On 7.11.2009, the petitioner came to the house of the complainant at about 7.00 am and asked his mother to handover the ration card. The Crl. Misc. No. M-34608 of 2009 [2] mother of the complainant told him that the same had been lost. The petitioner started beating her. Then wife of the complainant saved her but the petitioner hurled bricks on the stationary car that was parked there. On hearing noise, the complainant reached at the gate of ‘baithak’ (common sitting place) of his house and asked his brother (petitioner) why he was fighting. The petitioner stated that the complainant had grabbed the compensation of the acquired land so he would not spare him. He took out his country made pistol from his person and fired upon the complainant in order to kill him but he saved himself. The complainant also brought his licensed revolver from his house and in defence, fired three times in the air. The petitioner then ran away leaving his country-made pistol in the street. Being brothers, the family members forbid the complainant to go to the Police Station, but the petitioner had not come despite the fact that the member of the family had called him. Learned counsel for the petitioner has submitted that the petitioner has joined the investigation and the country made pistol was recovered from the street itself. In response, learned State counsel has submitted that though the country made pistol has been recovered, however, the police is to ascertain as to from where did the petitioner purchase the country made pistol. Besides, it is submitted that earlier also the petitioner had fired upon his brother. However, the complainant did not report the matter being brothers. After giving my thoughtful consideration to the matter, the present is a case where the petitioner had gone to the house of his brother (complainant) and there are allegations that the petitioner beat Crl. Misc. No. M-34608 of 2009 [3] his mother and also hurled bricks on the stationary car that was parked there. When the complainant came and asked the petitioner as to why he had created a scene, he then took out his country made pistol and fired on him. Besides, there are allegations that earlier also the petitioner had fired upon his brother. Keeping in view the facts and circumstances, no ground for grant of pre-arrest bail is made out. Consequently, the Crl. Misc. petition is dismissed. The petitioner in case he surrenders before the Police within two days from the receipt of copy of this order, his application for regular bail shall be considered by the concerned Court of competent jurisdiction within five days thereafter. (S.S. SARON) JUDGE December 14, 2009 amit