Cr.Misc. M 31348 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 31348 of 2011 Date of decision: 7.12.2011 Darshan Singh Petitioner vs. State of Punjab Respondent Present: Mr. HC Batth, Advocate. Mr. PS Bajwa, DAG, Pb M.M.S.BEDI,J. The petitioner had joined an unlawful assembly led by Balwinder singh, armed with an iron rod to cause injuries on the person of complainant Amritpal Singh. Co-accued of the petitioner ,namely, Balwinder Singh armed with a kirpan had hit the complainant on his forehead, whereas allegation against the petitioner is that he had inflicted an iron rod blow on the head of the complainant. Learned counsel for the petitioner submits that the petitioner has not been attributed any grievous injury and that the other co-accused having been granted the concession of pre-arrest bail, the petitioner can be granted the same relief. It is submitted that even the injury attributed to Balwinder Singh on the head of the complainant with a kirpan, cannot be said to be a grievous injury as it has been said by the Doctor that possibility of injury No.1 being dangerous to life cannot be ruled out. I have considered the facts and circumstances of this case. The petitioner armed with an iron rod had attacked the complainant on the Cr.Misc. M 31348 of 2011 2 head as a member of an unlawful assembly. The injury attributed to Balwinder Singh being grievous may be debatable during trial but the manner in which the petitioner had joined the other accused, having chosen to hit on the vital part of the body, no extra ordinary exceptional circumstances exist for the grant of pre-arrest bail to the petitioner. The contentions raised by the counsel for the petitioner may constitute a good ground for the grant of concession of regular bail. Dismissed with liberty to the petitioner to surrender before the court concerned and seek the concession of regular bail. Nothing said in the order will prejudice the right of the petitioner to seek the concession of regular bail. December 7 ,2011 ( M.M.S.BEDI ) TSM JUDGE