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High Court of Punjab and HaryanaCRM-M/8268/2016dismissed

Malkiat Singh v. State Of Punjab

2016-03-17Mr. Justice Krishna Murari2 pages

TAPINDER SINGH MANN 2016.03.18 09:52 Cr. Misc. M 8268 of 2016 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 8268 of 2016 Date of decision: 17.3.2016 Malkiat Singh Petitioner vs.

State of Punjab Respondent

Present:

Mr.AS Brar, Advocate.

Ms. HK Athwal, DAG, Punjab M.M.S.BEDI,J.

The petitioner is apprehending arrest in a case registered at the instance of Sukhmander Singh alleging that the petitioner along with four co-accused, armed with motorcycle chain, iron rod and base ball bat, trespassed in the house of his brother and attacked the complainant, his brother, son and other family members and gave beatings to them, resulting in a number of injuries.

Counsel for the petitioner has vehemently contended that the petitioner being husband of Sarpanch and belonging to the non ruling party in Punjab, has been falsely implicated in the case. With the assistance of learned State counsel, I have gone through the police record. I have also gone through the medical record. All the four injuries on the person of complainant Sukhmander Singh are on the head. The injury on the back of Jasdeep Singh has been declared to be grievous.

In view of the specific allegations of assault against the petitioner for having assaulted the complainant and others in an unreasonable manner, I do not find any ground to grant the concession of

Cr. Misc. M 8268 of 2016 pre-arrest bail to the petitioner.

Counsel for the petitioner has submitted that co-accused of the petitioner have been granted the concession of pre-arrest bail by the lower court. In view of specific allegations against the petitioner and he having led the members of unlawful assembly and having been attributed injuries on the person of the complainant and his family members by active participation, the circumstances do not warrant grant of pre-arrest bail to the petitioner.

Dismissed.

Nothing said in this order will prejudice the right of the petitioner to seek the concession of regular bail. March 17 ,2016 ( M.M.S.BEDI ) TSM JUDGE