In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-5138 of 2011 ..... Date of decision:28.2.2011 Gurtej Singh alias Teja and another .....Petitioners v. State of Punjab .....Respondent .... Present: Mr. R.S. Manhas, Advocate for the petitioners. ..... S.S. Saron, J. Heard learned counsel for the petitioners. The petitioners Gurtej Singh alias Teja and Harvinder Singh alias Chhota seek pre-arrest bail in a case registered against them for the offences under Sections 452, 323, 325, 427, 148 and 149 IPC. The FIR has been registered on the statement of Sarwan Singh, who is In-charge of liquor vend near Bus Stand of Village Chhatt. The complainant Sarwan Singh along with his co-workers Ashwani and Komal were at the liquor vend on 7.11.2010. At about 9.30 p.m., Bimlesh, who is worker at the Dayalpur liquor vend along with Pinku, who is worker at Satabgarh liquor vend had come to him along with the collection that had been made for the entire day. Drivers of the car, namely, Sukhwinder alias Sikander and Sunny were sitting in the liquor vend. After counting the cash they were all taking their meal inside the vend. At around 10.00 p.m., Harpreet Singh alias Jeetu, Kuldeep Singh, Naresh Kumar came on motorcycle No.HR-99T-0173; besides Joginder Singh and Chhota sons of Cr. Misc. No.M-5138 of 2011 [2] Arjun Singh as also Kaka came on another motorcycle No.PB-70-8616. They were all armed with Dandas and iron rods. In the meantime, Sukha, Teja, Magu and Deepa also came there. At that moment, Harpreet Singh alias Jeetu and Kuldeep Singh raised a Lalkara that the complainant be not left today. Harpreet Singh alias Jeetu attacked the complainant with iron rods in their hands which landed on right side of head of the complainant. Joginder Singh attacked the complainant with a stick which hit on his left leg below the joints. Sukha also attacked the complainant with a stick which hit on the left shoulder of the complainant. Naresh Kumar, Chhota (petitioner No.2) , Kaka, Teja (petitioner No.1), Magu and Deepa who were carrying sticks also started beating the complainant. The complainant then raised a noise and his co-workers saved him from the assailants. Had they not saved the complainant, the assailants would have caused more injuries to him. In the meantime, the above said persons ran away from the spot along with their weapons. After that the workers of the liquor vend took the complainant in a car and got him admitted in Civil Hospital, Dera Bassi. There he was given stitches on his head and was referred to Government Medical College and Hospital, Sector 32, Chandigarh. It is alleged that the assailants had pulled the complainant from inside the liquor vend and also destroyed a number of bottles in the liquor vend. The co-workers of the complainant were also beaten. During the fight, the complainant suffered fractures on his left leg and left shoulder. Learned counsel for the petitioners has submitted that no injury has been attributed to the petitioners Gurtej Singh alias Teja (petitioner No.1) and Harvinder Singh alias Chhota (petitioner No.2). It is submitted that the injured complainant received only five injuries and 8 persons have Cr. Misc. No.M-5138 of 2011 [3] been named as accused in the FIR. It may, however, be noticed that there are specific allegations that the petitioners were carrying sticks and they had given beating to the complainant. The co-accused of the petitioners i.e. Kaka Singh alias Lakhwinder Singh has filed Criminal Misc. No.M-3284 of 2011 in this regard which has been dismissed on 2.2.2011. The petitioner is one of the assailants who had gone to the vend along with others armed with Dandas and iron rods and they caused injuries to the complainant. Keeping in view the nature of allegations and the manner in which the incident had occurred, no ground for grant of pre-arrest bail is made out. The criminal miscellaneous petition is accordingly dismissed. February 28, 2011. (S.S. Saron) Judge *hsp*