JAGTAR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners Jagtar Singh and two others in Criminal Misc. No. M-35471 of 2011 and Harbans Singh and five others in Criminal Misc. No. M-37939 of 2011 seek pre-arrest bail in a case registered by way of FIR No.119 dated 5.10.2011 at Police Station Sultanpur Lodhi, District Kapurthala for an offence punishable under sections 148, 323, 341, 452, 427 read with section 149 of Indian Penal Code.

(2.) The case of the prosecution, briefly stated, is that annoyed with the complainant Surti Lal for his leaving some water outlet open in his land which inundated the land of the petitioners, Harbans Singh alias Ghoga, Jinder alias Jindu and Gurmej Singh attacked him with datar, sword etc. on 3.10.2011. However, the complainant Surti Lal escaped unhurt and he left his motorcycle at the spot and ran towards his house. He was followed by the aforesaid persons and others and there they had called out the complainant and instead of him, they found his mother there and had hit her. They had also hit the other persons, who came to her rescue.

(3.) Learned counsel for the petitioners has submitted that no injury is attributed to Jagtar Singh and Gobind Singh, petitioners and only a simple injury is attributed to Onkar Singh. He has further submitted that the injuries attributed to the other petitioners are also simple in nature. He has further submitted that the only offence which is nonbailable in this case is punishable under section 452 IPC. He has further submitted that the petitioners have already joined the investigation and nothing is left to be recovered from them.