Kartar Singh vs State Of Punjab on 28 May, 2009

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


               Criminal Misc. No. M-13246 of 2009 (O&M)
                     Date of decision: 28th May, 2009

Kartar Singh

                                                               ... Petitioner

                                 Versus

State of Punjab
                                                            ... Respondent


CORAM:      HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:    Mr. O.P. Kamboj, Advocate for the petitioner.


KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Five of the co-accused had earlier filed Criminal Misc. No. M-

13224 of 2009 for the same relief. In their case, following order was

passed:

“Present petition has been filed under Section 438
Cr.P.C. seeking grant of anticipatory bail to the petitioners in
case FIR No. 258 dated 25.11.2008 registered at Police
Station Sadar Jalalabad, District Ferozepur under Sections
307, 324, 323, 148, 149, 427, 379, 506 & 336 IPC and
sections 25, 27, 54 & 59 of Arms Act.

Petitioners had earlier filed Criminal Misc. No. M-33537
of 2008. The same was listed before a Coordinate Bench and
prayer for pre-arrest bail was withdrawn by the petitioners on
19th December, 2008. Thereafter, petitioners had again filed a
petition for pre-arrest bail. The same was also dismissed as
withdrawn on March 5, 2009.

A perusal of the FIR shows that complainant has
specifically stated that various persons, including petitioners,
constituted unlawful assembly, came armed with lethal
weapons, caused injuries and also resorted to firing. Prayer
made in the present petition is that later inquiry was held by
Criminal Misc. No. M-13246 of 2009 (O&M) 2

Superintendent of Police (Detective), who found that the shots
were not aimed at the complainant but were fired in air,
therefore, section 307 IPC is to be substituted with section 336
IPC.

An attempt has been made to make the offence
bailable. However, non-bailable offence, after the inquiry,
remains under Section 379 IPC. Twice having failed before
this Court, petitioners have followed the route to approach the
police officers and get the offence deleted. The story as
narrated by the complainant in the FIR, if taken into
consideration, petitioners were members of unlawful
assembly, which had committed serious offences. Therefore,
this Court cannot come to the rescue of the petitioners.

Hence, the present petition is dismissed.”

Case of the petitioner is not different from his co-accused.

Hence, for the reasons stated in order dated 14th May, 2009 passed in

Criminal Misc. No. M-13224 of 2009 in case of co-accused, pre-arrest bail

application of the petitioner is also dismissed.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
May 28, 2009
rps