Criminal Misc.-M No. 34633 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 34633 of 2011 (O&M) Date of decision: 25.11.2011 Gurmail Singh @ Geal and another .. Petitioners vs State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr.Sukhdeep Singh Sidhu, Advocate for the petitioners. Mr.B.B.S.Teji, Senior Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioners in FIR No. 78 dated 09.10.2011 registered under Sections 452/324/323/34 IPC at Police Station Sadar Rampura, District Bathinda. Learned counsel for the petitioners submitted that the only offence, which is non-bailable, is under Section 452 IPC. A perusal of the FIR does not show that the petitioners ever entered into the house of the complainant as the FIR reveals that the complainant and his father had come to the gate of their house. The petitioners were standing there and the fight allegedly took place at that place. In fact, the complainant party was the aggressor. They had entered into the house of the petitioners and tried to molest the ladies in the house. In that scuffle, they caused injuries to the petitioners and petitioner No.1 remained in hospital for 9 days. DDR was also registered against the complainant. On the other hand, learned counsel for the State, on instructions from HC Gian Chand, submitted that as per the site plan, it is evident that the occurrence had taken place inside the house of the complainant, even if there is no specific allegation in the FIR pertaining to that. The allegations Criminal Misc.-M No. 34633 of 2011 (O&M) 2 made in the DDR were enquired into from the villagers and those were not found to be correct. After hearing learned counsel for the parties and considering the submissions made above especially that only offence under Section 452 IPC is non-bailable and the allegation in the FIR is that the incident took place at the gate of the house of the complainant, in my opinion, the petitioners deserve concession of pre-arrest bail. They are directed to appear before the Investigating Officer on 3.12.2011 at 10.00 a.m. to join investigation and in case of arrest, they shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. They shall appear before the Investigating Officer as and when called upon for further investigation. They shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The petition stands disposed of. 25.11.2011 (Rajesh Bindal) mks Judge