Criminal Misc. No. M-21255 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 21255 of 2011 (O&M) Date of decision: 28.7.2011 Nikka Singh .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R. K. Handa and Mr. Madan Sandhu, Advocates for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Learned counsel for the petitioner submitted that the complainant in the present case is real Mausa (husband of sister of the mother). The dispute was on account of some turn of a tubewell, which was jointly being used by them to irrigate their fields. Though in the FIR, it is alleged that the petitioner and other accused were carrying gandasis, but the injuries on the person of the injured were found to be simple in nature. The co-accused, namely, Kala Singh @ Kulwant Singh was arrested and has been released on regular bail. However, later on after offence under Section 458 IPC was added, he was granted benefit of pre-arrest bail. Learned counsel for the State submitted that offence alleged in the FIR is quite serious. The petitioner had trespassed into the house of the complainant at 10.00 PM. However, he did not dispute the fact that co- accused of the petitioner, namely, Kala Singh @ Kulwant Singh was initially arrested and released on regular bail and subsequently was granted the benefit of anticipatory bail when offence under Section 458 IPC was added. After hearing learned counsel for the parties and considering Criminal Misc. No. M-21255 of 2011 [2] the kind of dispute and also that the injuries suffered by the complainant were found to be simple in nature, in my opinion, the petitioner is not required to be arrested for interrogation. Let the petitioner appear before the Investigating Officer on 6.8.2011 at 10.00 A.M. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 28.7.2011 mk