Crl. Misc. No.M-32198 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: December 16, 2011. (1) Crl. Misc. No.M-32198 of 2011. Kavinder and another .. Petitioners VERSUS State of Haryana. .. Respondent * * * (2) Crl. Misc. No.M-37750 of 2011. Vijay and another .. Petitioners VERSUS State of Haryana. .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.J.P.Sharma, Advocate, for the petitioners in both the petitions. Ms.Sushma Chopra, Addl., A.G., Haryana. M.M.S.BEDI, J (ORAL). This order will dispose of the above noted two petitions i.e., Crl. Misc. No.M-32198 of 2011 filed by Kavinder and Deepak and Crl. Misc. No.M-37750 of 2011, filed by Vijay and Krishan Kumar, for the concession of pre-arrest bail in an FIR which . . . 1 Crl. Misc. No.M-32198 of 2011 was registered at the instance of Karan Singh complainant alleging that on 4.8.2011, the complainant had been attacked by petitioners. Petitioner Vijay Kumar is attributed an injury with an iron bankri on the head of the complainant. Krishan Kumar is attributed an injury with iron Bankri on the left ear of the complainant. Non-petitioner Nitin was allegedly armed with a knife which was used to inflict injuries on the right shoulder of the complainant. The petitioners Deepak and Kavinder were allegedly present along with other co- accused. They have been attributed fist and kick blows. Counsel for the petitioners has vehemently argued that it is a case of simple injuries, as such, the petitioners can be granted the concession of pre-arrest bail. I have heard the counsel for the petitioners as well as the State counsel and gone through the police record. A perusal of the police record indicates that the injury attributed to petitioner Vijay with iron Bankri has resulted in fracture of the skull and as such, offence under Section 307 IPC has been added. Krishan Kumar has been attributed an injury with iron Bankri on the ear of the complainant. In view of petitioners having assaulted the complainant with dangerous weapons and offence under Section 307 IPC, having been added, no ground is made out to grant the concession of pre-arrest bail to the petitioners Vijay and Krishan Kumar. So far as petitioners Kavinder and Deepak are . . . 2 Crl. Misc. No.M-32198 of 2011 concerned, they have been attributed simple injuries. It will be debatable during trial whether on the basis of the MLR of Karan Singh, if he had received any injury with fist and kick blows. Petitioners Kavinder and Deepak can be granted the concession of pre-arrest bail as they have already joined investigation pursuant to the interim orders passed by this Court. Petition of petitioners Vijay and Krishan Kumar is dismissed. However, petition of petitioners Kavinder and Deepak is allowed. It is ordered that in case of arrest of the petitioners Kavinder and Deepak, they will be released on bail to the satisfaction of the arresting officer subject to the conditions that they will not tamper with the evidence or hamper the investigation, in any manner. In case of any complaint against the petitioners of tampering with the evidence or threatening the complainant during the period of investigation or trial, it will be open to the complainant to seek the cancellation of bail. (M.M.S.BEDI) JUDGE December 16, 2011. rka . . . 3