In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-24426 of 2010 ..... Date of decision:23.8.2010 Sukhdev Singh .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. Diwan S. Adlakha, Advocate for the petitioner. ..... S.S. Saron, J. Heard learned counsel for the petitioner. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 148, 149, 323, 325, 452 and 506 Indian Penal Code. It has been alleged by the complainant-Amar Singh, who is the brother of the petitioner that he had constructed his house about a year back on the land near the road, which fell in his share. He had installed a fodder cutting machine (toka) and a `chula' on the vacant land. He had also put the earth soil in place. Now his father and brothers, namely, Sukhdev Singh, Baldev Singh and Sukhwinder Singh wanted to encroach on this land. The complainant had also informed about this to his brothers. On 3.7.2010 at 11.00 p.m. the complainant along with his sons and wife were sleeping in their house. His brothers Sukhdev Singh (petitioner), Baldev Singh (non- petitioner) and their sons as also his younger brother Sukhwinder Singh (non-petitioner) came to the house of the complainant and started hurling abuses. They said that they would get their share in the land. When the Cr. Misc. No.M-24426 of 2010 [2] complainant asked them not to abuse, then Sukhdev (petitioner) who had a `saria' in his hand gave a `saria' blow on the waist of the complainant and on his back. Baldev (non-petitioner) gave a `Lathi' blow on his waist. Then the complainant raised an alarm on hearing which his sons, namely, Jatinder and Manish; besides, his wife Laxmi Devi came there to rescue him. At this, Sohan Lal gave an iron rod blow to his son, namely, Jatinder which hit him on his waist and head. Sukhwinder gave a `Lathi' blow on the left shoulder of Manish. When the wife of the complainant tried to rescue them then Sushil son of Baldev gave an iron rod blow on the waist and left arm of Laxmi Devi. When they raised an alarm, their neighbours, namely, Gurdial son of Antu and Laxman son of Maru Ram rescued them from the assailants. Many other villagers had also gathered. The assailants then went away and while going threatened that they had been saved by the villagers but in future they would not let him live by having possession of the land. Learned counsel for the petitioner has submitted that there is a dispute between the brothers and the petitioner has been falsely implicated. It is submitted that the petitioner is a driver in the Haryana Tourism and the Log Book (Annexure-P.6) shows that he was on duty on 3.7.2010 and 4.7.2010. It is submitted that he was not present at the time of the incident and he was at Panipat where he is employed in the Haryana Tourism Department as a driver. A reference has been made to the Log Book (Annexure-P.6) in this regard. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is named as a person who had entered the house of the complainant and had caused injuries to him. The question that Cr. Misc. No.M-24426 of 2010 [3] he was not present at the time of the incident and the reference to the Log Book (Annexure-P.6) submitted by the petitioner is to be considered by the investigating authorities or the Court as the case may be. In case the investigating authorities are satisfied that the petitioner was indeed on duty, they are not bound to arrest him. Therefore, the petitioner may satisfy the investigating authorities as regards the fact that he was on duty. This Court at this stage while considering the application for grant of pre-arrest bail is not to go into this aspect. In the circumstances, there is no ground for grant of pre-arrest bail. The criminal miscellaneous petition is accordingly dismissed. August 23, 2010. (S.S. Saron) Judge *hsp* Cr. Misc. No.M-24426 of 2010 [4]