Crl. Misc. No.M-24270 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-24270 of 2011 Date of Decision: 15.09.2011 Najar and others ..... Petitioners Versus State of Haryana ..... Respondent CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. Sanjeev Kumar Panwar, Advocate, for the petitioners. Ms. Sushma Chopra, Addl. AG, Haryana. Mr. R.S. Mamli, Advocate, for the complainant. M.M.S. BEDI, J. Petitioners seek concession of pre-arrest bail in a case registered at the instance of Julfan complainant alleging that the petitioner constituted an unlawful assembly along with others and inflicted injuries on the person of complainant and Amina. Petitioner No.1 Najar has been attributed an iron rod blow on the head of complainant whereas Aliyas who was armed with danda has been attributed danda blow on the waist of the complainant. Alim had inflicted gandasa blow on the head of the complainant whereas Naseema had been attributed danda blow on the head of Amina. Taking into consideration the fact that Aliyas and Naseema had not attributed any injury. They can be granted concession of pre-arrest bail. So far as Najar and Alim petitioner Nos.1 and 3 are concerned, they have been attributed simple injuries with iron rod and gandasa. Counsel for the complainant has intervened to oppose the Crl. Misc. No.M-24270 of 2011 -2- application for pre-arrest bail contending that Najar and Alim should not be granted the concession of pre-arrest bail as they were armed with weapons like iron rod and gandasa which have been used to cause injuries on the person of the complainant. I have gone through the record of MLR of Alah Diya, Ilmu Din and Naseema petitioners indicating that they had received simple injuries. Counsel for the petitioners has submitted that the injuries if any attributed to Najar and Alim could be said to be in self-defence. After hearing counsel for the petitioners, State counsel and counsel for the complainant, I am of the considered opinion that though the petitioner Nos.1 and 3 have been attributed simple injuries, it will be debatable as member of unlawful assembly with aid of Section 149 they could be said to be liable for the grievous injuries caused by the co-accused. The injuries received by abovesaid three persons on the side of petitioner are indicative of the fact that there had been free fight between the parties resulting in injury on persons of both the sides. It will be debatable during trial as to which of the parties had been aggressive. The petition is allowed. It is ordered that in case of arrest of petitioners, they will be released on bail to the satisfaction of the Arresting Officer subject to the following conditions:- (i) That the petitioners will join the investigation on 1.10.2011 between 10 AM to 4 PM or on any other date as required by the Investigating Agency. (ii) They will not tamper with the evidence or Crl. Misc. No.M-24270 of 2011 -3- hamper the investigation in any manner. (iii) Petitioner will not indulge in similar activity of which they are accused of during the pendency of the trial. In case of violation of any of the conditions, it will be open to the complainant and the Investigating Agency to seek the cancellation of the bail. Disposed of. (M.M.S. BEDI) 15.09.2011 JUDGE manju