In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-8551 of 2009 ..... Date of decision:27.3.2009 Lakhwinder alias Lucky .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Arun Takhi, Advocate for the petitioner. ..... S.S. Saron, J. Heard learned counsel for the petitioner. In the incident that occurred on 5.3.2009, Gagandeep alias Gaggu (non-petitioner) was armed with a `Kirpan' while the petitioner was empty handed. Gagandeep alias Gaggu and the petitioner demanded the mobile phone of the complainant-Baljinder Singh. When the latter refused Gagandeep alias Gaggu gave `Kirpan' blow on his head as well as on right hand. The petitioner tried to snatch his mobile phone. Then Baljinder Singh raised an alarm and he started running towards his village. In the meantime, uncle of the complainant, namely, Manjit Singh came on his motorcycle and the assailants ran away. Baljinder Singh was taken to Attowal Hospital and CT scan was done on 6.3.2009. There was fracture on his right occipital region. Leaned counsel for the petitioner has submitted that the injury is attributed to Gagandeep alias Gaggu who has been in custody and has been granted regular bail. It is submitted that the petitioner has not been Cr. Misc. No.M-8551/2009 [2] attributed any injury. After giving my thoughtful consideration, it may be noticed that the offences in the FIR are under Sections 382, 511 and 34 IPC. The offence under Section 382 IPC provides for theft after preparation made for causing death, hurt or restraint in order to committing of the theft. Therefore, the petitioner admittedly made an attempt to commit theft while his co-accused had given `Kirpan' blow on the head of the complainant- Baljinder Singh. Keeping in view the aforesaid facts and circumstances, no ground for pre-arrest bail is made out. The criminal miscellaneous petition is dismissed. March 27, 2009. (S.S. Saron) Judge *hsp*