Crl. Misc. No.M-5556 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-5556 of 2011 Date of Decision: July 25, 2011 Kulwant Singh and others …..Petitioners Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.R.K. Girdhar, Advocate for the petitioners. Mr. Arshvinder Singh, Addl. A.G., Punjab. Mr. Aseem Kataria, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) Petitioners seek concession of pre-arrest bail in a case at the instance of Parkash Kaur, complainant, alleging that she had been forcibly taken away by the petitioners and that rape had been committed in presence of entire family members, relatives including the ladies. It is an admitted fact that there has been previous litigation between the petitioners and complainant. The petitioners were found Crl. Misc. No.M-5556 of 2011 [2] innocent during investigation and cancellation report was presented. On a protest having been raised, the further investigation had been ordered by the Illaqa Magistrate. In view of duel version regarding the occurrence having already cropped up, the petition for pre-arrest bail can be allowed. It is not out of place to mention here that counsel for the complainant has intervened to submit that an FIR has been registered by Sunder Singh, against the petitioners for the murder of Parkash Kaur as such the petition for pre-arrest bail should be dismissed. I have considered the said contention and I am of the view that since the petitioners have already been declared innocent in the rape case, they could be granted the concession of pre-arrest bail subject to the result of further investigation. Petition is allowed and it is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the following conditions:- i) that the petitioners will appear before the investigating officer or before the Court concerned pursuant to any direction by the Court/ investigating officer and that ii) they will not tamper with the evidence or hamper the investigation in any manner; It is made clear that anything said in this order will not prejudice the rights of the prosecution agency in another criminal case Crl. Misc. No.M-5556 of 2011 [3] which has been registered at the instance of Sunder Singh. Anything said in this order is meant for the purpose of the adjudication of the present petition for pre-arrest bail. The petitioners will not be entitled to derive the benefit of this order for getting any relief in another connected criminal case which is alleged to have been registered against them. July 25, 2011 (M.M.S.BEDI) sanjay JUDGE