Cr.Misc. M 28678 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 28678 of 2011 Date of decision: 4.11.2011 Naranjan Singh and another petitioner vs State of Punjab respondent Present:- Mr. HS Gill, Sr.Advocate with Mr. Vivek Goel, Advocate. Mr. Kirat Singh, DAG, Punjab M.M.S.BEDI, J. This order will dispose of two connected petitions for pre- arrest bail filed by Naranjan Singh and Balwant Singh ( Cr.Misc. M 28678 of 2011) and Jassa Singh (Cr.Misc. M 29236 of 2011) in a case, which was registered at the instance of Jhirmal Singh complainant alleging that the petitioners along with Rana Singh had constituted an unlawful assembly and assaulted the complainant. It is contended by counsel for the petitioners that no grievous injury is attributed to the petitioners and that offence u/s 326 IPC was added subsequently and that the injury attracting offence u/s 326 IPC is not attributed to the petitioners. petitioners Naranjan Singh and Balwant singh were armed with dangs whereas petitioner Jassa singh has been attributed a kirpan blow on the person of Nirmal Singh. It is claimed that the said injury is a simple injury. I have heard learned counsel for the parties and gone through the facts and circumstances of the case. It will be pre-mature at this stage to form an opinion whether the petitioners, with the aid of Section 149 IPC Cr.Misc. M 28678 of 2011 2 could be convicted. It will also not be out of place to mention here that petitioner Jassa Singh was a member of an unlawful assembly and has caused injuries with a kirpan. No doubt the injuries on the head of injured are simple incised wounds but in view of his participation, armed with a kirpan, which was even used by him,does not entitle him to the concession of pre-arrest bail. Petition on behalf of Jassa Singh (Cr.Misc. M 29236 of 2011) is dismissed. So far as Naranjan Singh and Balwant Singh are concerned, no doubt they were armed but no specific injury on any vital part of the injured has been attributed to them. They have also joined the investigation as per counsel for the petitioners but in view of the investigating officer having not approached the State counsel, the said fact could not be rebutted. Even otherwise on the basis of allegations levelled against the petitioners Naranjan Singh and Balwant singh, they can be granted the concession of pre-arrest bail. Accordingly, Cr.Misc. M 28678 of 2011 is allowed and it is ordered that in case of arrest of petitioners Naranjan Singh and Balwant Singh, they will be released on bail to the satisfaction of the arresting officer subject to the condition that they will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. November 4 , 2011 (M.M.S.BEDI ) TSM JUDGE