Crl.M.No.M-26790 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-26790 of 2010 (O&M) Date of Decision:September 13, 2010 Joginder Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Ritesh Pandey, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.47788 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-26790 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.87, dated 21.7.2010, under Sections 452, 323, 324, 326, 148, 149 IPC, lateron Section 307 IPC was added, registered at Police Station Kahnuwan, District Gurdaspur. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the order passed by learned Addl. Sessions Judge, Gurdaspur, dismissing the application of anticipatory bail filed on behalf of the present petitioner. Brief allegations against the petitioner-accused are that complainant alongwith his brother Jatinder Singh, Jaswinder Singh and uncle Kashmir Singh were standing on the outer gate of his uncle-Kashmir Singh, when petitioner-accused armed with dang, co-accused Satnam Singh armed with datar, co-accused Nisan Singh armed with kirpan, co-accused Dalwinder Singh @ Binder armed with kirpan and co-accused Sarabjit Singh alias Sabu armed with kirpan came towards them. Petitioner-accused Joginder Singh gave lalkara to catch hold of them and teach them a lesson for helping Fakir Singh. Some other persons, who were already in the Crl.M.No.M-26790 of 2010 (O&M) -2- house of Joginder Singh, also rushed towards them, while armed with dangs, sotas, and baseballs Co-accused Satnam Singh gave datar blow upon Jaswinder Singh, grand son of Fakir Singh, which hit on the back of his head. Co-accused Sarabjit Singh @ Sabbu gave kirpan blow upon Jatinder Singh, which hit on his right leg. Co-accused Nisan Singh gave kirpan blow on Jatinder Singh, which hit on his right leg. Petitioner-accused Joginder Singh gave dang blow on Jatinder Singh, which hit on his left hand, which he raised towards the blow to save himself. They raised alarm. All the accused ran towards complainant. Complainant entered the house of his uncle and however, accused forcibly entered the house of his uncle as well, and there as well co-accused Balwinder Singh @ Binder gave kirpan blow, which hit on the forehead of the complainant. Hence, there are serious allegations against the petitioner- accused. Petitioner alongwith co-accused attacked the complainant-party while armed with deadly weapons. Weapon of offence is yet to be recovered from the petitioner-accused. Lalkara has been attributed to the petitioner-accused. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Joginder Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 13.9.2010 (Ram Chand Gupta) meenu Judge