In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-4914 of 2011 ..... Date of decision:3.3.2011 Navjot Singh alias Babbu .....Petitioner v. State of Punjab .....Respondents .... Present: Mr. Rajeev K. Kapila, Advocate for the petitioner. Mr. M.C. Berry, Additional Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 324, 323, 506 and 34 IPC; besides, Section 326 IPC which was added later. The FIR in the case has been registered on the statement of Inderjit Singh. It is alleged by the complainant that on 27.5.2010 he had gone to meet his friend Tapinder Pal alias Kaka at his residence at Prem Nagar. At about 8.00 p.m., while the complainant was sitting with Tapinder Pal and Davinder Kaur wife of Mohan Singh, who is his tenant, then Raja son of Chhotey Lal asked the complainant to come out. It is submitted that the complainant along with Tapinder Pal and Davinder Kaur came outside on the road. Then Nitin alias Soni, who is doing Diploma from Rayat College and residing in adjoining house of Tapinder Pal was standing there armed with a Dat. He gave a Dat blow straight on the head of Inderjit Cr. Misc. No.M-4914 of 2011 [2] Singh. The Dat blow hit on the back of the head of the complainant and an unidentified boy (who later came to be disclosed as the petitioner) who was residing along with Nitin alias Soni was standing armed with a Kirpan and he gave a Kirpan blow which hit on the left side of the forehead of the complainant. Then Nitin alias Soni gave a Dat blow on which the complainant raised his left hand to save himself but the Dat blow hit on his left wrist. The boy who was accompanying him gave a Kirpan blow which also hit on his left arm. Raja son of Chhotey Lal gave a Dang blow on the complainant which hit on his left eye. The unidentified boy who was accompanying them and was armed with a baseball bat gave a blow with the same on the head and he gave another blow which hit the complainant on his chest. They also hurled fist blows which hit on the face and nose of the complainant. The complainant raised `Raula Maar ditta Maar ditta' on which his friend Tapinder Pal alias Kaka and Davinder Kaur saved him. They saw the whole occurrence. All the assailants left the spot with their respective weapons and while going they raised Lalkara and also used abusive language; besides holding out threats to kill complainant. The head and left arm of the complainant were bleeding profusely, therefore, Tapinder Pal called up at his village and got him admitted in the Civil Hospital, Ropar for treatment. The doctor referred him to PGI, Chandigarh as the injuries were severe. The complainant was undergoing treatment at Chandigarh. The motive behind the occurrence is that Nitin alias Soni had teased the girl of his friend Tapinder Pal alias Sunny and the complainant had warned him not to do that. On account of the said reason Nitin alias Soni and two boys accompanying him as also Raja son of Chhotey Lal had Cr. Misc. No.M-4914 of 2011 [3] caused injuries to him along with an unknown boy. It was requested that the accused be arrested and punished as per law. The petitioner is not named in the FIR, however, a supplementary statement of Inderjit Singh-complainant was recorded on 1.5.2010. In the said supplementary statement, the complainant named the petitioner. It is stated that after returning from PGI, Chandigarh he was making his complete statement. The complete name of Nitin was mentioned as Nitish Saini and that of his companion was Navjot Singh alias Babbu (petitioner). They both were studying at Rayat College. It is stated that Nitish Saini has a Datar in his hand and Navjot Singh alias Babbu (petitioner) had a Kirpan in his hand and with them there was Gaganjit Singh alias Gaggu who had a baseball bat in his hand. The name of fourth boy was Jatinder Singh alias Chatra who had a Lathi in his hand. It is stated that Raja son of Chhotey Lal had come to the house of Tapinder Pal alias Kaka and Davinder Kaur wife of Mohan Singh. On coming there, he said that he was being called outside. When the complainant went out then Tapinder Pal and Davinder Kaur also followed him. When the complainant went near the shop of the Master then Nitish Saini hit him with the Datar which hit on the back of his head. Navjot Singh alias Babbu (petitioner) hit with the Kirpan on the left side of the forehead. The others also caused injuries. The petitioner is now in custody since 21.1.2011. The injured- complainant has been discharged. Learned counsel for the petitioner has submitted that the injured is named as an accused in FIR No.110 dated 4.8.2010 (Annexure- P.3) registered at Police Station Rupnagar for the offences under Sections 323, 324, 506, 148 and 149 IPC. In the said case, statement of Meenu was Cr. Misc. No.M-4914 of 2011 [4] recorded and Inderjit Singh alias Babbu, who is the complainant against the petitioner, along with 3-4 other persons armed with Kirpans had caused injuries on the head of Amrit Kumar, the brother of Meenu who raised his arm and the Kirpan blow hit on the index finger of his left hand. Besides, he gave a Kirpan blow on the right shoulder of Amrit Kumar, the brother of Meenu. In the present case, however, the custody of the accused is not required for the purposes of investigation. The case is triable by a Judicial Magistrate of the Ist Class. The trial in the case is likely to take time. The prosecution is to establish and prove its case by leading evidence. The investigation in the case is almost complete and challan in the case is likely to be filed in the near future. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the Illaqa Magistrate shall be admitted to bail. The criminal miscellaneous petition stands disposed of. March 3, 2011. (S.S. Saron) Judge *hsp*