Crl. Misc. No. M-24086 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-24086 of 2011 Date of Decision: November 11, 2011 Birender …..Petitioner Vs. Birham Parkash and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.J.V. Yadav, Advocate for the petitioner. Mr. V.S. Bhardwaj, Advocate -.- M.M.S. BEDI, J. (ORAL) The petitioner is alleged to have made an attempt to kill Braham Parkash by over-running him with a Tractor causing injuries on the lower leg. Counsel for the petitioner has contended that earlier FIR under Section 325 IPC was registered and petitioner was released on bail but subsequently a private complaint had been filed by the complainant in which summons were issued against the petitioner. The petitioner was not Crl. Misc. No. M-24086 of 2011 [2] able to get the concession of pre-arrest bail till the Apex Court but a direction had been given by the Apex Court to the petitioner to surrender before the Summoning Court within 8 days from its order dated January 31, 2011 and seek the concession of regular bail which was required to be decided within three days. Counsel for the complainant has intervened to state that the petitioner, despite the said directions had not appeared before the summoning Court, as such has not only violated the orders of the Apex Court but has made an attempt to threaten the witnesses. Counsel for the petitioner has submitted that on the basis of the report of the Doctor from the private hospital, the injury in the pelvis region was reflected for the first time to be dangerous to life. Reference has been made to the opinion of the private Doctor in endorsement annexure P-7. From the totality of the abovesaid circumstances and on account of duel version regarding the nature of injures attributed to the petitioner on the person of complainant, it is a case of grant of bail but since an apprehension has been raised by counsel for the complainant- respondent that petitioner having caused earlier grievous injuries and having made attempts to tamper with the evidence and threaten the witnesses, it will not be appropriate to grant the concession of bail at this stage. In view of the undertaking given by the counsel for the complainant that the complainant will examine all the material witnesses i.e. Birham Parkash, Davinder, Mukesh and Rakesh on next date of hearing, I deem it appropriate in the interest of justice to dispose of this petition with a Crl. Misc. No. M-24086 of 2011 [3] direction that the petitioner will be released on bail on November 25, 2011 after the recording of statement of Birham Parkash. It is made clear that in case Birham Parkash fails to appear on said date of hearing in the complaint case, it will be open to the trial Court to grant the concession of bail to the petitioner. November 11, 2011 (M.M.S.BEDI) sanjay JUDGE