Criminal Misc. No. M-4582 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4582 of 2011 Date of decision : 28.02.2011 Atma Singh and another ....Petitioners V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. PKS Phoolka, Advocate for the petitioners. Mr. Arshvinder Singh, Deputy Advocate General, Punjab. Mr. Jagjit Singh Gill, Advocate for the complainant. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail in a case registered against the petitioners vide FIR No. 138 dated 22.12.2010 under Sections 307/323/34 IPC at Police Station Raman, District Bathinda. Learned counsel for the petitioners submits that in the alleged occurrence, no role is attributed to the petitioners as they were merely sitting in the tractor which allegedly crushed the right leg of the complainant. He, thus, submits that petitioners are entitled to the concession of pre-arrest bail. Learned State counsel has opposed the prayer for bail. He submits that co-accused Balkaran Singh drove the tractor over the Criminal Misc. No. M-4582 of 2011 2 complainant resulting in two fractures in the right leg. He submits that both the petitioners were sitting at the time it was driven over the leg of the complainant. I have heard learned counsel for the parties. The petitioners have been specifically named in the FIR. It has been alleged that both the petitioners were sitting in the tractor when it was driven over the leg of the complainant, resulting in two fractures in his right leg. In view of seriousness of allegations, I am of the considered view the petitioners are not entitled to concession of pre-arrest bail. Accordingly, the present petition is dismissed. It is, however, directed that in case petitioners surrender before the trial court within a week from today and apply for regular bail, the same shall be decided within a week thereafter. February 28, 2011 (RAJAN GUPTA) Ajay JUDGE