Cr.Misc. M 30282 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 30282 of 2011 Date of decision: 5.12.2011 Balinder Singh petitioner vs State of Haryana respondent Present:- Mr. Naveen Kaushik, Advocate. Ms. Shalini Attri, DAG, Hry Mr. Yashpal Sharma, Advocate M.M.S.BEDI, J. This order will dispose of two connected petitions, one filed by Balinder Singh (Cr.Misc. M 30282 of 2011) and another filed by Narender @ Babri (Cr.Misc. M 35731 of 2011). The petitioners seek the concession of pre-arrest bail in a case registered at the instance of Balbir singh alleging that the petitioners along with others had constituted an unlawful assembly and attacked the complainant and his brother Ajmer Singh. Co-accused of the petitioner,namely, Chander Shekhar had allegedly fired a shot at Ajmer Singh. Learned counsel for the complainant has contended that the complainant had named 17 persons as accused, out of which 7 persons have been found innocent by the police during investigation. I have heard learned counsel for the parties and gone through the record of the case. Petitioner Narender has been attributed a gandasi blow on the head of Ajmer Singh. Learned counsel for the petitioner has Cr.Misc. M 30282 of 2011 2 tried to high light the contradictions in the medical and ocular version to submit that there is no incised wound on the head of Ajmer Singh. In view of a specific injury having been attributed to petitioner Narender, no ground is made out to grant him the concession of pre-arrest bail to him. Accordingly petition (Cr.Misc. M35731 of 2011) on behalf of Narender is dismissed. So far as petitioner Balinder Singh is concerned , he along with his co-accused had scaled the wall of the house of the complainant and attacked the complainant. Though Daler, Des Raj and Ajmer singh are injured but no specific injury with any weapon is attributed to the petitioner. Learned counsel for the complainant has intervened to submit that the other injured have also attributed dang blow to Balinder Singh. I have considered the part attributed to petitioner Balinder Singh . Out of 17 accused, 7 have been found innocent and the petitioner Balinder Singh has not been attributed any grievous injury on the person of any injured at the first instance. On asking of the court, it has been informed that Balinder Singh is brother-in-law of the co-accused Chamel Singh, who has been granted the concession of regular bail. The participation of the petitioner appears to be debatable, to be determined during the course of trial. Accordingly, the petition (Cr.Misc. M 30282 of 2011) qua Balinder Singh is allowed and it is ordered that in case of arrest of the petitioner, he will be released on bail to the satisfaction of the arresting officer subject to the condition that he will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. December 5 , 2011 (M.M.S.BEDI ) TSM JUDGE Cr.Misc. M 30282 of 2011 3