Cr.Misc. M 23446 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 23446 of 2011 Date of decision: 7.11.2011 Nirmal Singh and another petitioner vs State of Punjab respondent Present:- Mr. Jagnahar Singh, Advocate Mr. Kirat Singh, DAG, Punjab M.M.S.BEDI, J. The petitioners seek the concession of pre-arrest bail in a case registered at the instance of Som Lal Driver of Forest Department, Mukerian alleging that the petitioners accompanied by 25/30 unknown persons armed with dang and Bollan attacked the complainant with an objective to forcibly occupy the land vested in the Forest Department. Counsel for the petitioners submits that petitioner No.1 is involved in four criminal cases under the Forest Act and Section 9 of the Wild Life Act but he has been acquitted by the Judicial Magistrate, Dasuya. He has also argued that the petitioners have not been attributed any grievous injury. I have considered the facts and circumstances of this case. The petitioners being members of an unlawful assembly, had caused simple injuries on the person of the complainant, who happens to be a government official. No doubt simple injuries have been attributed to the petitioners. It will be debatable during trial whether the petitioners can be, with the aid of Section 149 IPC would be convicted for offence u/s 307 IPC Cr.Misc. M 23446 of 2011 2 read with Section 353 and other sections, mentioned in the FIR. The act , attributed to the petitioners of having assaulted the government official while performing his duties, is a serious matter. The plea that the petitioners have not been attributed any grievous injury, may constitute a good ground for grant of regular bail but no extra ordinary exceptional circumstances exist for the grant of pre-arrest bail. Dismissed. However, it is ordered that in case the petitioners surrender before the Illaqa Magistrate, their application for regular bail will be decided expeditiously, preferably within two days by the appropriate court. November 7 , 2011 (M.M.S.BEDI ) TSM JUDGE