Criminal Misc. No.M-8872 of 2011 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-8872 of 2011 Date of Decision : 25.03.2011 Jasbir Singh alias Jagsir Singh alias Seera .. Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. J.J.S.Uppal, Advocate, for the petitioner. NAWAB SINGH J.(ORAL) This is an application filed by Jasbir Singh alias Jagsir Singh alias Seera under Section 438 of Code of Criminal Procedure in case bearing First Information Report (for short "FIR") No.134 dated December 10th, 2010 under Sections 148, 336, 452 and 506 read with Section 149 of Indian Penal Code and Sections 25 and 27 of Arms Act, Police Station Bhadaur, District Barnala. Prosecution story in brief is that on December 9th, 2010, petitioner armed with gandasa along with co-accused - Randhir Singh alias Dhira armed with revolver, Gony armed with .315 Rifle, Binder Singh armed with dang and 3-4 unidentified persons reached the house of Lakhwinder Singh alias Lakhi – complainant and opened fire. The petitioner entered the house by scaling the wall having gandasa. Thereafter all the co-accused entered the house, but complainant managed his escape. Learned counsel for the petitioner has contended that Randhir Singh co-accused of the petitioner, has been granted interim pre-arrest bail by a Coordinate Bench of this Court vide order Criminal Misc. No.M-8872 of 2011 2 .. dated March 16th, 2011 passed in Criminal Misc. No.M-8115 of 2011. Allegations against the petitioner are that he was the first one to enter the house of the complainant with gandasa by scaling the wall and thereafter all the co-accused entered the house. Grant of pre-arrest bail is normally an extra- ordinary remedy. It is also to be seen that the course of investigation is not obstructed. Without commenting in details on the merits of the prosecution case and taking an over all view of the circumstances, it is not a fit case for grant of pre-arrest bail to the petitioner. Thus, the application is dismissed. (NAWAB SINGH) JUDGE 25.03.2011 som