(1.) The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.414, dated 15.10.2009, under Sections 323, 341, 506, 325, 308, 148, 149 IPC, registered at Police Station Kharar, District Mohali.
(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Mohali, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. It has been submitted by learned counsel for the petitioner that no injury has been attributed to the petitioner-accused, as per the FIR. However, as per statement of Saudagar Singh-injured, petitioner-accused Baljinder Singh had given a danda blow hitting him on his left eye, as a result of which he became unconscious. As per MLR of Saudagar Singh, he received five injuries and complainant Vikas Kumar received nine injuries. Injuries on the person of Saudagar Singh, as per report given by Dr.Balo Raja, were opined as dangerous to life. He remained admitted in the PGI, Chandigarh, and operation was performed.
(3.) Allegations against the petitioner-accused are that he alongwith co-accused waylaid the complainant and another injured-Saudagar Singh, while armed with deadly weapons including kirpan dandas and sota etc. and caused injuries to both of the them. Weapons of offence are yet to be recovered. It is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused.