IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 6312 of 2010 Date of decision: 22.4.2010 Dalip Kumar and another Petitioner vs. State of Punjab Respondent Present: Mr. Peeush Gagneja, Advocate. Mr. Arshvinder Singh, DAG, Pb M.M.S.BEDI,J. The petitioners, constituting an unlawful assembly, armed with weapons like dangs and swords had attacked Shanker, nephew of complainant Kalu Ram. Injuries were received by both Shanker and Kalu Ram. Learned counsel for the petitioner has submitted that all the offences are bailable except for offence u/s 452 IPC. I have heard learned counsel for parties and gone through the record. The petitioners, in the capacity as members of an unlawful assembly, have given mercilessly beating to Shanker by entering his shop. Petitioner No.1 has allegedly caused the fracture of the leg of Kalu Ram with a dang by tress passing in the shop of Shanker. There is no specific injury attributed to petitioner No.2. Taking into consideration the totality of the circumstances, the petition for pre-arrest bail, filed by petitioner No.1 Dalip Kumar is dismissed. However, it is allowed qua petitioner No.2Vinod Kumar and it is ordered that in case of arrest of petitioner No.2 Vinod Kumar, he will be released on bail to the satisfaction of the arresting officer subject to the condition that the petitioner will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. He will not commit the similar offence, of which he is accused of. April 22 ,2010 ( M.M.S.BEDI ) TSM JUDGE