Cr.Misc. M 15604 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 15604 of 2011 Date of decision: 10.8.2011 Narender and others petitioner vs State of Haryana respondent Present:- Mr.Rahul Rathore, Advocate Ms. Shalini Attri, DAG, Hry M.M.S.BEDI, J. The petitioners seek the concession of pre-arrest bail in a case of assault registered at the instance of Krishan Kumar alleging that the election of Gram panchayat was scheduled for 6.7.2010 and he himself was a candidate for the post of a Sarpanch. On 29.6.2010 at about 7.30 AM the petitioners accompanying by other persons, constituting an unlawful assemblty and armed with laties and Jallies etc, desired that the complainant's family should vote in favour of Azad. On refusal of the complainant on the plea that he himself was a candidate, the petitioners along with others had entered in the house of the complainant and caused injuries to the complainant and his family members with bricks, stones and other weapons. All the offence are bailable except for offence u/s 452/506 IPC. It is an admitted fact that a cross case against the complainant party has been registered on the statement of Randeep. Pursuant to the interim order, the petitioners have joined the investigation. State counsel informs that recoveries have to be made from Cr.Misc. M 15604 of 2011 2 the petitioners. After hearing learned counsel for the parties, it appears that on the basis of general and vague allegations against petitioners, the complainant, who himself was a candidate for the post of Sarpanch, has lodged the FIR. It will be debatable during trial who was the aggressor. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the condition that they will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. The petitioners will not commit the similar offence of which they are accused of during pendency of the trial. In case of violation of any of the conditions, it will be open to the prosecution agency or the complainant to seek cancellation of this order. August 10 , 2011 (M.M.S.BEDI ) TSM JUDGE