CRM No. M-20948 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-20948 of 2009 (O&M)
Date of decision: 6.8.2009
Sukhjinder Singh alias Subha ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Ms. J.J. Kaur, Advocate, for the petitioner.
Rajan Gupta, J.
This is a petition for grant of pre-arrest bail to the petitioner
in a case registered against him under Sections 307, 323, 324, 148 &
149 IPC at Police Station Nakodar, District Jalandhar, vide FIR No.59
dated 17th March, 2009.
According to the allegations, one Bhupender Singh and his
father Amrik Singh were called to the stadium by a telephonic call.
When they reached the stadium, they were attacked by the accused using
various weapons including Kirpans, Dattar & sticks. The allegation
against the petitioner is that he gave a Dasti Dattar blow on left leg of
the complainant.
Learned counsel for the petitioner has argued that only
simple injury has been attributed to the petitioner, he therefore, deserves
to be granted the concession of anticipatory bail.
I have heard learned counsel for the petitioner and given
CRM No. M-20948 of 2009 2
careful thought to the facts of the case.
The Additional Sessions Judge, Jalandhar while dismissing
the anticipatory bail application of the petitioner has observed that as
many as 16 injuries were inflicted on the body of Bhupender Singh
complainant. The prosecution brought to the notice of the court below
that intention of the assailant was to murder the complainant Bhupender
Singh and his father.
The petitioner actively participated in the crime. It appears
that pre-arrest bail application of the co-accused was dismissed by this
Court on 4th May, 2009 in Crl. Misc. No. M-11153 of 2009.
Keeping in view the nature of allegations and the fact that
the petitioner has actively participated in the crime, I do not find it a fit
case for grant of concession of anticipatory bail to the petitioner. The
petition is hereby dismissed.
(RAJAN GUPTA)
JUDGE
August 06, 2009
‘rajpal’