Crl.M.No.M-17604 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-17604 of 2010 (O&M) Date of Decision: June 28, 2010 Sher Singh and another .....Petitioners v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.D.S.Pheruman, Advocate for the petitioners. ...... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.29, dated 12.4.2010, under Sections 325, 323, 148, 149 IPC, lateron added Section 308 IPC, registered at Police Station Sadar Tarn Taran, District Tarn Taran. I have heard learned counsel for the petitioners and have gone through the whole record carefully. Brief allegations against the petitioners-accused as per the statement got recorded by Jagtar Singh, are that Sukhwinder Singh sold his land alongwith residential house to Balwant Singh and some household articles of Sukhwinder Singh were still lying in the said house. On 2.4.2010 at about 11.30 p.m., co-accused Balwant Singh armed with dang, Buta Singh armed with dang, Sher Singh armed with gandasi, Mohinder Singh armed with dang, Balkar Singh armed with gandasi, Sukhdev Singh armed with gandasi, and Pargat Singh armed with gandasi came to the roof of their house. Buta Singh raised lalkara to teach a lesson to Sukhwinder Singh and Anokh Singh. Petitioner-accused Shera Singh gave gandasi blow from reverse side to the complainant, which hit on his head, Balkar Singh gave a gandasi blow from reverse side, which hit on the back side of head of the complainant, Balwant Singh gave a dang blow which hit on the backside of the left shoulder of the complainant and Mohinder Singh gave a dang blow which hit below the right eye of the complainant. Buta Singh gave a Crl.M.No.M-17604 of 2010 (O&M) -2- dang blow which hit on the index finger of right hand of the complainant. Sukhdev Singh gave a dang blow which hit on the middle of right hand and complainant fell on the ground and Pargat Singh gave datar blow from reverse side, which hit on his right shoulder. On lalkara being raised, Sukhwinder Singh attracted at the spot, however, accused caused injuries to Sukhwinder Singh as well and he was thrown from the roof of the house and thus, he suffered grievous injuries in the urinary bladder. It is contended that initially the case was registered under Section 323 IPC and later on offence under Section 325 IPC was added and thereafter offence under Section 308 IPC was added. It is also contended that petitioners were arrested in this case and released on bail for offences under Sections 323 and 325 IPC. It is further contended that accused Buta Singh, Sukhdev Singh, Daljit Singh and Ranjit Singh also received injuries and the present case has been registered as a counter-blast. Specific injuries are attributed to petitioners-accused. Sukhwinder Singh sustained serious injuries as he was thrown from the roof of the house and suffered grievous injuries in the urinary bladder. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners-accused. Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioners- Sher Singh and Mohinder Singh for grant of anticipatory bail is dismissed being devoid of any merit. 28.6.2010 (Ram Chand Gupta) meenu Judge