Crl. Misc. No. M-21599 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. M-21599 of 2010 Date of decision: 02.08.2010 Amandeep Singh alias Babbu .. Petitioner Versus State of Punjab. .. Respondent Present:- Mr.L.M.Gulati, Advocate for the petitioner. * * * * S.S. SARON, J. Heard learned counsel for the petitioner. Petitioner seeks pre-arrest bail in a case registered against him on 03.01.2010 for the offences under Sections 452, 323, 506, 427, 148 and 149 IPC, at Police Station Sadar, Ambala. The FIR in this case has been registered on the statement of Satnam Singh, who has alleged that on 01.01.2010 at about 8.00 pm, the elder son of the complainant namely Jagjit Singh @ Jassa after sowing wheat was returning home. In the meantime, while he was on the way, Lovejit Singh @ Labha and Shaily started abusing the son of the complainant and said that his father (complainant) and his uncle have wrongly named them for stealing peas from the fields and they would teach him a lesson. At that time, Jagjit Singh @ Jassa son of the complainant saved himself from their clutches and reached home. He disclosed the matter to his father (complainant). After a few minutes (wrongly translated in English as; a few months back), Lovejit Singh @ Labha and Shaily along with Dipi, Bagha, Babbu (petitioner), Prema and Kali came to their house and raised lalkaras. They were armed with baseball, bats, sotas, datars and they were standing outside the house of the complainant and started abusing them then they broke open the wooden doors with the baseball Crl. Misc. No. M-21599 of 2010 ::2:: bat and entered their house. Jagjit Singh @ Jassa (elder son of the complainant) went into one of the rooms and saved himself. Then all the accused jumped on the roof and started pelting the bricks on the complainant. Balwinder Kaur (wife of the complainant) was standing in the courtyard and one brick landed above her right eye towards her nose and blood started oozing out. The complainant went to the courtyard to save his wife. Thereafter, the accused started throwing the bricks hurriedly and one of the bricks landed on the back side of his (complainant's) right ear, one brick landed above the left eye and one brick landed on the right hand near the bicep. Blood started oozing out from his ear and the left eye. Jagjit Singh @ Jassa (son of the complainant) raised hue and cry of mar dita-mar dita. In the meantime, the neighbours started gathering at the place of the incident and then the accused along their weapons ran away from the spot. Learned counsel for the petitioner has contended that FIR has been registered on 3.1.2010 i.e. after two days of the incident which occurred on 1.1.2010. Therefore, chances of false implication of the petitioner cannot be ruled out. I have given my thoughtful consideration to the matter. It may be noticed that the complainant has no reason to falsely implicate the accused. Even otherwise prompt lodging of a FIR is not an unmistakable guarantee of the truthfulness of the prosecution version and neither is delay in lodging it always fatal. The same depends on the facts and circumstances of each case. The present case relates to creating an unruly scene at the house of the complainant where the assailants had come duly armed and had indulged in vandalism by breaking the wooden doors and entering the house. Thereafter they went on the roof-top and pelted bricks which resulted in injuries to Balwinder Kaur (wife of the complainant) and to the complainant himself. Besides, it may be noticed Crl. Misc. No. M-21599 of 2010 ::3:: that the FIR that has been translated in English is not correctly translated, inasmuch as, it is mentioned that a few months back Lovejit Singh alias Labha, Shaily along with Dipi, Babbu (petitioner), Prema and Kali came to their house raising 'Lalkara' whereas it should have been a few minutes after Jagjit Singh alias Jassa son of the complainant reached home they came. In the facts and circumstances, no ground for granting pre-arrest bail is made out. The criminal miscellaneous petition is accordingly dismissed. (S.S.SARON) August 02, 2010 JUDGE Sukhpreet