Crl. Misc. No.M-23136 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-23136 of 2011 Date of Decision: September 12, 2011 Jitender and another …..Petitioners Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.J.V. Yadav, Advocate for the petitioner. Ms. Shalini Attri, DAG, Haryana. Mr.Sanjay Vashisth, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) Petitioners alongwith 8/9 other persons had allegedly constituted an unlawful assembly and attacked complainant Amit, Balraj and Shivraj armed with lathies, rods, swords, kulhari etc. Petitioner No.1 was allegedly armed with handle of hand pump. He had, as per the statement of PW Balraj Singh had caused an injury on his neck with said handle. The MLR of Balraj Singh does not reflect any such injury on his person. So far as petitioner No.2- Varinder is concerned he is Crl. Misc. No.M-23136 of 2011 [2] alleged to have participated in the occurrence armed with a lathi. He had caused a lathi blow on the waist of Balraj Singh. Counsel for the petitioners has submitted that petitioner No.2 has himself received three injuries regarding which a complaint had been submitted to the Commissioner, Faridabad. Out of 11 persons named in the FIR two have been found to be innocent on investigation, seven have already been arrested. The injury attributed to petitioner No.1 appears to be debatable in view of the MLR of PW Balraj Singh. The extent of his participation in the occurrence will be debatable during trial. The petition is allowed qua petitioner NO.1-Jatinder and it is ordered that in case of arrest of petitioner No.1- Jitender he will be released on bail to the satisfaction of the arresting officer subject to the conditions that he will join investigation as and when required by the police and that they will not tamper with the evidence or hamper investigation in any manner. Prima facie, presence of petitioner No.2- Varinder at spot, who has allegedly received three injuries, is not debatable at this stage. He has also been attributed specific part. The injury attributed to him being simple. He may be entitled to concession of regular bail but no extraordinary exceptional circumstances exist to grant the pre-arrest bail to petitioner No.2-Varinder. The petition qua petitioner No.2 Varinder is dismissed. September 12, 2011 (M.M.S.BEDI) sanjay JUDGE Crl. Misc. No.M-23136 of 2011 [3]