Crl. Misc No. M-6149 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-6149 of 2009 Date of decision : 20.03.2009 Kulwant Singh (Jathedar) ....Petitioner V/s State of Punjab ....Respondent. BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Gourave Bhayyia, Advocate for the petitioner. Mr. Shailesh Gupta, DAG Punjab. RAJAN GUPTA J. (ORAL) This is a petition for grant of pre-arrest bail in a case FIR No. 284 dated 24.12.2008 registered against the petitioner under Sections 307/341/323/34 IPC at police station City Barnala. Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. According to the counsel, petitioner earlier had preferred a Criminal Writ No. 839 of 2008 in this Court. The Police was nursing a grievance against the petitioner as pursuant to petition filed by him. Warrant officer was appointed who had recovered son and wife of the petitioner from the Police Station Katwali, Barnala and found them in illegal custody of SHO, P.S. Kotwali, Barnala. I have heard counsel for the petitioner. It is evident that due to a grievous injury inflicted on the person of the complainant offence under Section 307 was included in the FIR. The petitioner is alleged to have Crl. Misc No. M-6149 of 2009 2 exhorted his sons to catch hold of the complainant and kill him. His sons inflicted kirpan blows while the petitioner is alleged to have given a blow with base ball bat near the left eye of the complainant. Learned counsel for the State opposed the grant of pre-arrest bail on the ground that the injury attributed to the petitioner had been declared grievous in nature. Learned counsel also pointed out that petitioner was involved in five other cases. Details of the said cases as given by the learned State counsel is as under:- (i)FIR No. 287, dated 18.12.2004 under Sections 364, 302, 207, 120-B IPC was registered against the petitioner at Police Station Patran, district Patiala. (ii) FIR NO. 118 dated 15.06.2006 under Sections 25/54/59 Arms Act Police Station on Dhuri, wherein an unlicensed country made pistol of .315 bore along with four cartridge were reportedly by the recovered from him. (iii) Case FIR No. 122 dated 16.06.2006 under Sections 25/54/59 Arms Act Police Station Dhuri in which an unlicensed country made pistol was recovered on the basis of disclosure statement of the petitioner in the area of Bhullar Heri. (iv) FIR No. 3 dated 01.12.2006 under Section 324, 325, 341 IPC Police Station City Barnala against the petitioner and his son Bhola and on Mastana Nihang for causing injuries to Head Constable Jagter Singh respondent No. 6. (v) Case FIR No. 211 dated 04.09.2008 under Section 332, 366, 411, 24 IPC Police Station City Barnala wherein the son of Crl. Misc No. M-6149 of 2009 3 petitioner namely Ranjodh Singh alias Bhola was arrested and two snatched mobile Phone were recovered from him. Under these circumstances, I am of the considered opinion that petitioner is not entitled to concession of anticipatory bail. In fact his custodial interrogation may be necessary for taking the investigation to his logical end. The petitioner appears to be a habitual offender. Even in the instant case, the case of the investigating agency is that grievous injury has been caused by the petitioner. Accordingly, there is no merit in the petition for pre-arrest bail and the same is dismissed as such. 02.04.2009 (RAJAN GUPTA) Ajay JUDGE