IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 33172 of 2008 Date of decision: 30.3.2009 Kashmir Singh and ors …Petitioners Versus State of Punjab and anr …Respondents Present: Mr OS Batalvi, Advocate for the petitioners. Mr Sudhir Nehra, Addl AG Punjab. Ms GK Mann, Advocate for respondent-2. S.S.SARON, J. Heard counsel for the parties. The petitioners seek pre-arrest bail in a complaint case filed by respondent-2 alleging the commission of offences under Sections 326, 452, 379, 323, 324, 148 and 149 IPC. Kartar Singh – complainant (respondent-2) is an accused in case FIR 182 dated 15.11.2007 (P4) that has been registered on the statement of Jagir Singh from the petitioner’s side. Kartar Singh (respondent-2) has been granted pre-arrest bail in the said case. Statement (P16) of Kartar Singh aforesaid was recorded by the Police on 19.11.2007 during investigation in FIR dated 15.11.2007 (P4). The complainant – Kartar Singh in his statement (P16) has given a different version that has been given in the complaint dated 1.12.2007 (P1). The summoning order dated 6.6.2008 (P3) has been passed on the basis of allegations made in the complaint (P1). It has been alleged in the complaint (P1) that Swaran Cr Misc M-33172 of 2009 2 Singh – petitioner-2 gave a Datar blow on the person of Kartar Singh which hit him on his left leg. Gurmukh Singh – petitioner-3 gave a blow with his Kirpan which hit on the left hand of Kartar Singh (respondent-2). Kashmir Singh son of Bhagat Singh (petitioner-1) gave a Datar blow on the nose of Lakhwinder Kaur. However, these allegations are admittedly not in the statement (P16) made before the Police. According to the learned counsel for the complainant, the Police has incorrectly recorded the statement (P16) of the complainant – Kartar Singh. This aspect, in the circumstances, would more appropriately be gone into and considered after evidence has been led by the parties. Learned counsel for the State on instructions from SI Jagir Singh of PS Qadian has submitted that being a complaint case the custody of the petitioners is not required for the purposes of investigation. Learned counsel for the petitioners has submitted that the petitioners have put in appearance before the JMIC Batala and furnished their bail bonds. The case is now fixed for 13.6.2009. In the aforenoticed circumstances, the interim bail granted on 22.1.2009 is made absolute. This petition stands disposed of accordingly. 30.3.2009 ( S.S.SARON ) ASR Judge