In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-9452 of 2011 ..... Date of decision:29.3.2011 Avtar Singh and another .....Petitioners v. State of Punjab and another .....Respondents .... Present: Mr. Ramesh Chand Sharma, Advocate for the petitioners. ..... S.S. Saron, J. The petitioners seek pre-arrest bail in a complaint case dated 7.9.2007 titled Surjit Singh v. Harbans Singh etc. in which they have been summoned by the Court of Sub Divisional Judicial Magistrate, Phagwara vide order dated 17.1.2011 (Annexure-P.5) for 11.4.2011 for the offences under Sections 307, 326, 324, 323, 397, 427, 148 and 149 IPC. Earlier to the filing of the complaint, FIR No.7 dated 9.1.2007 (Annexure-P.1) was registered at Police Station Sadar, Phagwara for the offences under Sections 341, 427, 324, 382, 148 and 149 IPC. The FIR (Annexure-P.1) was registered on the statement of Satnam Singh who is residing in Australia for the last 17-18 years. He often used to come to his Village from Australia. On 7.1.2007, he came to India from Australia and landed at Amritsar Airport at 8.00 O'clock. His brother Surjit Singh and his nephew Satwinder Singh were at the Airport to receive him (complainant Satnam Singh). They all sat in a Maruti car which was being driven by Surjit Singh, brother of the complainant. They started towards their village. Cr. Misc. No.M-9452 of 2011 [2] At about 11.00 O'clock when they reached Phagwara Bye-pass Phulla Rai Chowk, then one dark colour Maruti car stopped all of a sudden in front of their car. Surjit Singh, who was driving the car also stopped his car and behind his car one black colour Bolero vehicle stopped which was parallel to the vehicle of the complainant. The number plates of the vehicles were obscured. About 11-12 persons came out of the Maruti car and the Bolero vehicle. They were having baseball bats, hockey sticks, Datars and they hit on the car of the complainant and broke the glass-panes and doors of the car. The complainant and his nephew were pulled out of the vehicle and attacked with baseball bats, hockey sticks and Datars. Surjit Singh, brother of the complainant was also pulled out of the vehicle and injuries were inflicted on him. The faces and heads of these persons who had committed the assault were muffled. One of the persons from them had given a signal towards the complainant that this bald person was Satnam Singh (complainant). The complainant received injuries on his head and arms. His left leg and right arm had been cut by these assailants with Datars. Besides, Datar blows at 3-4 places were also caused to the nephew of the complainant and he was caused hurt on his leg with Datar and baseball bats. Surjit Singh, brother of the complainant was inflicted injuries on his head with Datar. Besides, injuries were given with hockey sticks and baseball bats. The assailants left the place by saying that Satnam Singh and Satwinder Singh's work had been done. While they were leaving, these persons had also taken away the bag of the complainant in which important documents, Australian Dollars, two mobile phones and one camera were there. Surjit Singh, brother of the complainant was got admitted in Civil Cr. Misc. No.M-9452 of 2011 [3] Hospital, Phagwara where his condition deteriorated. The doctor referred the injured to Dayanand Medical College, Ludhiana where they are under treatment. It is alleged that Harbans Singh, Avtar Singh (petitioner No.1) son of Banta Singh and Deepa son of Dilbagh Singh residents of Basiala, Police Station Garshankar had attacked them with an intention to kill them with their other companions. The reason for the attack was that Harbans Singh etc. had earlier also quarreled with the complainant with regard to the drainage of dirty water. In that regard, several applications had been given in the Police Station Garshankar. In the year 2005, when the complainant had come to his village at that time also persons had followed him and tried to cause injuries to him. In this regard the complainant had given an application to the SSP, Hoshiarpur but at that time they could not succeed. Now they had attacked him. The statement had been recorded and the same was correct. The Police investigated the case and found the accused innocent. The Deputy Superintendent of Police, Investigation, Crime, Punjab, Chandigarh on 20.2.2007 in his report (Annexure-P.2) found that there was party faction in Village Basiala. The complainant party, it was observed, had made an old grudge as motive of the case. These motives, it was observed, are double edged, which can be helpful for reaching to the truth and can also be helpful for concealing the real facts. It was observed that name of Gurvinder Singh (petitioner No.2) had been involved on account of suspicion and party faction and his involvement had not been established in the case. He was found innocent and a recommendation was made for deleting the name of Gurvinder Singh (petitioner No.2). Against the others also an untraced report was filed which was fixed for 24.3.2011. Cr. Misc. No.M-9452 of 2011 [4] The DSP, Phagwara in his report dated 9.7.2007 (Annexure-P.3) has found the others also to be innocent. It was observed that the accused including Avtar Singh were present in connection with marriage on 7.1.2007 from morning at about 6.00 a.m. in Milan Doaba Palace, Village Malpur. After completion of marriage function, they took the remaining articles from the palace in a tractor trolley to unload the same in Village Sujjo and at about 9.00/9.15 p.m. they came back to Village Basiala. After that they were stated to be present in their respective homes. It may, however, be noticed that the incident is stated to have occurred at 11.00 p.m. The accused are stated to be present till 9.00/9.15 p.m. at Milan Doaba Palace, Village Malpur. However, it is quite improbable that the accused would be present for marriage at Milan Doaba Palace from 6.00 a.m. till 9.00/9.15 p.m. It was also observed that print-outs of the call details of the time of occurrence at about 11.00 a.m. were obtained and according to which the presence of mobile phones of Harbans Singh, Avtar Singh (petitioner No.1) and Mandeep Singh were found not in the area of occurrence. Apart from this, the fourth accused mentioned by Satnam Singh, namely, Gurvinder Singh (petitioner No.2) had also moved an application about his innocence in which an inquiry was conducted by Shri Gurpreet Singh, DSP, Investigation, Crime, Punjab, Chandigarh and Gurvinder Singh (petitioner No.2) was found innocent. The allegations of his presence in the case was found incorrect. Therefore, it was found that the assailants were not present. However, the possibility of the assailants leaving their mobiles at the place other than the place of occurrence cannot be entirely ruled out at this stage. The petitioners have been summoned in a complaint case and the Cr. Misc. No.M-9452 of 2011 [5] cancellation report is also pending before the learned trial Court. The petitioners had been summoned vide summoning order (Annexure-P.5) which mentions as many as 18 injuries on the person of Satnam Singh. Besides, as many as 8 injuries were found on the person of Satwinder Singh. Besides, four injuries had been found on the person of Surjit Singh. The allegations against the petitioners are serious in nature. Therefore, in the facts and circumstances, no ground for grant of pre-arrest bail is made out. The criminal miscellaneous petition is accordingly dismissed. However, in case the petitioners surrender before the learned trial Court which has summoned them and also file an application for regular bail before the concerned Court, their application for regular bail shall be considered expeditiously and till such consideration the petitioners shall be admitted to interim bail on their furnishing personal bonds and surety each to the satisfaction of the said Court. Nothing stated or observed herein shall be construed as an expression of opinion on the merits of the case and the learned Court shall consider the matter regarding grant of bail independently and in accordance with law and uninfluenced by any observations made herein. March 29, 2011. (S.S. Saron) Judge *hsp*