Criminal Misc. No. M- 10931 of 2009 (O&M) 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 10931 of 2009 (O&M) Date of Decision: 8.5.2009 Kulwinder Singh and Others …Petitioners Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Vikram Chaudhri, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Criminal Misc. No. 23595 of 2009 Criminal Misc. Application is allowed. Office is directed to add Section 452 IPC in the head note and prayer clause of Criminal Misc. No. M-10931 of 2009. Criminal Misc. No. M-10931 of 2009 The present petition has been preferred under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioners in case FIR No.47 dated 8.3.2009 registered at Police Station Lopoke, District Amritsar, under Sections447, 427, 342, 323, 379, 148 & 149 IPC. On 27.4.2009, this Court had passed the following order:- Criminal Misc. No. M- 10931 of 2009 (O&M) 2 “Counsel for the petitioners has submitted that petitioners have not been named in the FIR and no avert act has been attributed to them in the FIR. Counsel for the State has submitted that inquiry was conducted by the Superintendent of Police. In the occurrence, simple injuries have been caused and injured has not been medico-legally examined. Counsel for the State has further stated that petitioners be directed to join investigation. Adjourned to 8th May, 2009. As prayed by counsel for the State, petitioners may join investigation. However, in the event of arrest, petitioners will be released on interim bail to the satisfaction of the arresting officer. Petitioners will join investigation as and when called for. They will abide by the conditions specified under Section 438(2) Cr.P.C.” Mr. Mehardeep Singh, Assistant Advocate General, Punjab, on instructions from Harjit Singh, Sub Inspector, states that no medicolegal examination of the injured was done, therefore, it cannot be said that any of the injured had suffered any injury other than simple injury. Mr. Vikram Chaudhri, Advocate, appearing for the petitioner states that such kind of bald allegations can be levelled against anybody. Counsel for the State has further submitted that petitioners Criminal Misc. No. M- 10931 of 2009 (O&M) 3 have joined investigation, however, offence under Section 452 IPC has been added. In view of the fact that no overt act is assigned to the petitioners, custodial interrogation of the petitioners is not required. Accordingly, interim pre-arrest bail granted to the petitioners vide order dated 27.4.2009, passed by this Court, is affirmed till filing of the report under Section 173 Cr.P.C. On submission of report under Section 173 Cr.P.C. petitioners shall furnish regular bail-bonds to the satisfaction of the Court concerned. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge May 8, 2009 “DK”