Crl. Misc.-M. No. 32127 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc.-M. No. 32127 of 2011 (O&M) Date of Decision:03.11.2011 Tarsem Singh and others ........Petitioners Versus State of Punjab ........Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Jagjit Singh, Advocate, for the petitioners. Mr. G.S. Brar, AAG Punjab. Mr. Prateek Pandit, Advocate, for the complainant. RAJESH BINDAL, J. Prayer in the present petition is for grant of anticipatory bail in FIR No.62 dated 03.09.2011 registered against the petitioners under Sections 323, 324, 325, 452, 148 and 149 IPC at Police Station Begowal, District Kapurthala. Learned counsel for the petitioners submitted that the allegations against the petitioners are that petitioner No.1 was armed with a stick, petitioner No.2 was found empty handed whereas petitioner No.3 was carrying handle of a spade. The injuries attributed to petitioner No.3 were found to be simple in nature. Accused, namely, Hardev Singh and Jaspal Singh have been attributed injuries with 'sua and datar' respectively who have been arrested. The learned counsel for the State does not dispute the aforesaid factual position. Crl. Misc.-M. No. 32127 of 2011 (O&M) -2- Learned counsel for the complainant submitted that the petitioners alongwith other accused had tress-passed into the house of the complainant and his old age father was attacked with a 'sua' , who is still admitted in hospital. Considering the fact that the petitioners had constituted an unlawful assembly, they do not deserve anticipatory bail. After hearing learned counsel for the parties and considering the fact that the accused who have been attributed injuries with 'sua and datar' have been arrested and are in custody and the injuries attributed to petitioner No.1 with a stick were found to be simple in nature, in my opinion, the petitioners are not required to be taken into custody for interrogation. They shall appear before the Investigating Officer on 11.11.2011 at 10.00 A.M. for joining investigation. In case of arrest, they shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. They shall appear before the Investigating Officer as and when called upon for further investigation. They shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. 03.11.2011 (Rajesh Bindal) harjeet Judge