CRM.M-14734 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. CRM.M-14734 of 2009 Decided on Oct 27,2009. Gamdoor Singh and another -- Petitioners vs. Sukhmander Singh and another --Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Surinder Garg,Advocate,for the petitioners Mr.Amaninder Preet,Advocate,for respondent No.1/ complainant. Mrs.Rajni Gupta,Addl.AG,Punjab. Rakesh Kumar Jain, J: This is a petition under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), for anticipatory bail in a complaint case titled as “Sukhmander Singh Vs. Gamdoor Singh and Ors” filed under Sections 364,427,506,148,149 IPC (as they have been summoned under these sections) pending in the Court of Judicial Magistrate Ist Class, Faridkot. The allegations as contained in the complaint against the petitioners are that “on 19.11.2007, at about7:50/8:00 P.M. when the complainant was coming back to village Kanianwali Khurd after leaving Baljeet Singh to the adjoining village Kahan Singh Wala. Then in the way, above said accused No.1 to 10 were standing in front of the house CRM.M-14734 of 2009 2 of Gamdoor Singh, as the house of Gamdoor Singh accused is situated in the way on the road who on seeing the complainant coming on the Motor Cycle stopped him. At that time, Gamdoor Singh was having Kahi in his hand, Baghi Singh was having Gandasa in his hand, Golo and Pammi were armed with sticks, Mehnga Singh empty handed, Sewa Singh with Gandasa, Pushwinder Singh accused was armed with Kirpan, Darshan Singh accused was armed with Kirpan and two unidentified persons who are with Darshan Singh were armed with “Kasia” and Kirpan. Then Gamdoor Singh raised lalkara that the complainant should be taught a lesson for cultivating the exchanged land, then Baghi Singh and Sewa Singh gave blow with gandasa which hit the complainant on his left shoulder, back and near the shoulder. Then Pushwinder Singh and Darshan Singh gave blows with their respective Kirpans to the complainant, then complainant raised his left hand to save himself, the Kirpan blow given by Pushwinder Singh hit on the back side of left hand and the Kirpan blow given by Darshan Singh hit on the chest on the front side of neck. Then the complainant fell down. Then the two unidentified persons who came alongwith Darshan Singh with their respective weapons Gamdoor Singh with his Kahi, Golo and Pammi with sticks started giving beatings to the complainant lying down with the intention of elimination, when the complainant raised the noise then the accused took the complainant in the house of Gamdoor Singh accused No.1 as per their scheme and the complainant was tied with the string in a semi conscious condition and his Motorcycle was broken and took away the documents from it and took out Rs.5000/- from my purse lying in my pocket and also took away chain from my neck” CRM.M-14734 of 2009 3 Vide order dated 10.1.2009, the petitioners were summoned . Apprehending their arrest, the petitioners had applied for anticipatory bail which was dismissed by the learned Addl. Sessions Judge, Faridkot, vide his order dated 08.5.2009 observing as under:- “the alleged occurrence took place on 19.11.2007 at about 8.00. p.m. in which as many as eight persons including the applicants participated. At the time of alleged occurrence, the applicant Gamdoor Singh was armed with a 'Kahi' and the applicant Arshpritam Singh was armed with a 'Gandasa'. First the complainant was nabbed and abducted and carried to the house of the applicant Gamdoor Singh forcibly, where he was inflicted injuries” Learned counsel for the petitioners has submitted that in terms of the order passed by this Court on 05.6.2009, the petitioners had appeared before the trial Court and had been admitted to interim bail, therefore, the learned counsel has prayed that the said order may be made absolute. On the other hand, learned counsel for the respondents have submitted that anticipatory bail application of the two co-accused, namely Sewak Singh and Pushwinder Singh has already been dismissed by this Court vide order dated 22.5.2009 passed in CRM-M 9783 of 2009 in which following order was passed:- “As stated above, as per the allegations, the complainant was abducted with an intention to kill him or cause grievous hurt and taken to the house of Gamdoor Singh, where the accused-petitioners, allegedly caused as many as 14 injuries, on his vital and non-vital parts of the body with gandasa and kirpan. At this stage, it cannot be said that the said CRM.M-14734 of 2009 4 injuries could be self suffered, by the complainant, on his body. It also cannot be said that the complaint is a counter blast to the earlier FIR lodged by the petitioners against the complainant and others. Anticipatory bail is an extra ordinary remedy, which can be invoked in exceptional circumstances. This case does not present any exceptional circumstance, warranting the grant of anticipatory bail”. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case, the participation of the petitioners in the alleged offence is writ large, therefore, I do not find it to be a fit case for grant of anticipatory bail. Hence, the present bail application is hereby dismissed. It is, however, made clear that nothing observed herein shall be construed as an expression of opinion on the merit of the case. Oct 27,2009 (Rakesh Kumar Jain) RR Judge