In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. No.M-8551 of 2009
.....
Date of decision:27.3.2009
Lakhwinder alias Lucky
.....Petitioner
v.
State of Punjab
.....Respondent
....
Present: Mr. Arun Takhi, Advocate for the petitioner.
.....
S.S. Saron, J.
Heard learned counsel for the petitioner.
In the incident that occurred on 5.3.2009, Gagandeep alias
Gaggu (non-petitioner) was armed with a `Kirpan’ while the petitioner was
empty handed. Gagandeep alias Gaggu and the petitioner demanded the
mobile phone of the complainant-Baljinder Singh. When the latter refused
Gagandeep alias Gaggu gave `Kirpan’ blow on his head as well as on right
hand. The petitioner tried to snatch his mobile phone. Then Baljinder
Singh raised an alarm and he started running towards his village. In the
meantime, uncle of the complainant, namely, Manjit Singh came on his
motorcycle and the assailants ran away. Baljinder Singh was taken to
Attowal Hospital and CT scan was done on 6.3.2009. There was fracture on
his right occipital region.
Leaned counsel for the petitioner has submitted that the injury
is attributed to Gagandeep alias Gaggu who has been in custody and has
been granted regular bail. It is submitted that the petitioner has not been
Cr. Misc. No.M-8551/2009
[2]
attributed any injury.
After giving my thoughtful consideration, it may be noticed
that the offences in the FIR are under Sections 382, 511 and 34 IPC. The
offence under Section 382 IPC provides for theft after preparation made for
causing death, hurt or restraint in order to committing of the theft.
Therefore, the petitioner admittedly made an attempt to commit theft while
his co-accused had given `Kirpan’ blow on the head of the complainant-
Baljinder Singh.
Keeping in view the aforesaid facts and circumstances, no
ground for pre-arrest bail is made out.
The criminal miscellaneous petition is dismissed.
March 27, 2009. (S.S. Saron)
Judge
*hsp*