IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 25657 of 2011 Date of decision: 8.9.2011 Bohar Singh and anr petitioner vs State of Punjab respondent Present:- Mr. LS Sidhu, Advocate. Mr. Kirat Singh, DAG, Pb Mr. SPS Sidhu, Advocate M.M.S.BEDI, J. The petitioners seek the concession of pre-arrest bail in a case registered at the instance of Amrik Singh alleging that pursuant to a dispute having arisen out of objection of the complainant regarding unloading of chaff, the complainant was attacked and assaulted by Gurjit Singh, Prabhjit Singh and other members of unlawful assembly. It is alleged that firing had also taken place. So far as the petitioners are concerned, petitioner No.1 is alleged to have thrown brick bats after climbing on the roof and petitioner No.2 has not been attributed any specific overt act except that he had exhorted the other accused to fire at the complainant. The petitioners have joined the investigation. It will be debatable during trial whether the petitioner could be said to have committed an offence u/s 307 IPC with aid of Section 149 IPC, being members of unlawful. The petition is allowed and interim order dated 25.8.2011 is hereby made absolute subject to all the conditions u/s 438 (2) Cr.P.C. with an additional condition that the petitioners will not commit the similar offence, of which they are accused of, during trial. September 8 , 2011 (M.M.S.BEDI ) TSM JUDGE