Crl. Misc. No.M-32832 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: December 16, 2011. (1) Crl. Misc. No.M-32832 of 2011. Bholi Kaur .. Petitioner VERSUS State of Punjab. .. Respondent * * * (2) Crl. Misc. No.M-33865 of 2011. Joginder Singh and others .. Petitioners VERSUS State of Punjab. .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.L.S.Sidhu, Advocate, for the petitioners in both the petitions. Mr.P.S.Bajwa, DAG., Punjab. Mr.Tejinder Pal Singh Makkar, Advocate, for the complainant. . . . 1 Crl. Misc. No.M-32832 of 2011 M.M.S.BEDI, J (ORAL). This order will dispose of the above noted two petitions i.e., Crl. Misc. No.M-32832 of 2011 filed by Bholi Kaur and Crl. Misc. No.M-33865 of 2011, filed by Joginder Singh, Bhullar and Simarjit Singh, for the concession of pre-arrest bail in a case registered at the instance of Amrik Singh complainant alleging that he has got a dispute regarding plot with Baldev Singh. On 8.9.2011, Baldev Singh along with petitioners had assaulted the complainant. Joginder Singh is attributed a stick blow on the chest and shoulder of the complainant whereas Bhullar is attributed a lalkara. Petitioner No.3, Simarjit Singh is attributed a kirpan blow on the calve of complainant. He has already been arrested. Baldev Singh, non- petitioner has been attributed grievous injury. Bholi Kaur, petitioner has not been attributed any injury. She allegedly caught hold of hair of the complainant and Baldev Singh gave gandasa blow on her right leg. Counsel for the complainant has intervened to oppose the application for pre-arrest bail contending that the petitioners have mercilessly beaten the complainant resulting in fracture of his leg. No doubt the petitioners with the aid of Section 149 IPC, would be similarly liable for their criminal conduct but if seen individually Simarjit Singh who accompanied Baldev Singh armed with Kirpan had inflicted injury on the person of complainant cannot be granted the concession of pre-arrest bail. Therefore, the petition qua Simarjit Singh is dismissed. . . . 2 Crl. Misc. No.M-32832 of 2011 So far as petitioners Joginder Singh, Bhullar and Bholi Kaur are concerned, they have already joined investigation and can be granted the concession of pre-arrest bail. The petitions qua Joginder Singh, Bhullar and Bholi Kaur, are allowed. It is ordered that in case of arrest of petitioners Joginder Singh, Bhullar and Bholi Kaur, they will be released on bail to the satisfaction of the arresting officer subject to the conditions that they will join the investigation as and when required by the police and will not tamper with the evidence or hamper the investigation, in any manner. They will also not commit the similar offence during the pendency of trial. In case of violation of any of the conditions, it will be open to the complainant to seek the cancellation of bail. (M.M.S.BEDI) JUDGE December 16, 2011. rka . . . 3