Crl. Misc. No.M-13871 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision: August 26, 2011 1. Crl. Misc. No. M-13871 of 2011 Smt.Sudesh …..Petitioner Vs. State of Haryana and another …..Respondents 2. Crl. Misc. No. M-15837 of 2011 Darshan …..Petitioner Vs. State of Haryana and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Sameer Sachdev, Advocate for the petitioners in both cases. Ms. Sushma Chopra, Addl.A.G., Haryana. Crl. Misc. No.M-13871 of 2011 [2] -.- M.M.S. BEDI, J. This order will dispose of two petitions for grant of pre-arrest bail bearing Crl. Misc. No.M-13871 of 2011 filed by Smt.Sudesh and Crl. Misc. No. M-15837 of 2011-filed by Darshan in a case of assault registered at the instance of complainant Om Parkash alleging that he has got three son and his cousin Mahender has got a grudge against him. On March 20, 2011 when the sons of the complainant were celebrating Holi in the street, non- petitioner Mahender, his elder brother Darshan (petitioner), Sham Lal, Sudesh (petitioner) wife of Mahender, Bimla and Punni Devi came in the street. On the exhortion of Mangat Ram and teasing of Mahender, non- petitioner, and his family members, opened assault on the complainant. Mahender gave a danda blow on the left hand of complainant, Sham Lal gave a saria blow on the left hand of Darshana Devi, Mahender and Darshan assaulted son of complainant Love with danda and Saria on nose and head. When complainant raised alarm, Naresh Mahajan, and Chameli Devi came on the spot. Darshan caught-hold the arm of Naresh Mahajan whereas Sham Lal grappled with him whereas Mahender gave a danda blow on the head of the mother of complainant. So far as petitioner-Sudesh is concerned she is alleged to have given brick blows twice on the head of the mother of the complainant. When villagers gathered on the spot, the assailants escaped from the spot. The mother of the petitioner- Chameli Devi has suffered grievous injury on Crl. Misc. No.M-13871 of 2011 [3] the head which on C.T. Scan has been found to be depressed fracture of frontal bone on right side and multiple fracture of frontal parietal bond on the right side and parietal bone on left side. The injury on the head of Chameli Devi has been attributed to Mahender with Danda and with brick bats to Sudesh. Counsel for the petitioners has vehemently contended that the dispute was a free fight in the street between two families and parties from both the sides received injuries. It was contended that mother-in-law of petitioner Sudesh, namely, Punni Devi, had received injury on the head and the petitioner herself had received injury on her back. In order to support the said contention, photographs of Punni Devi and Sudesh (petitioner) have been produced, as annexure P-6 and P-7. It was contended that pursuant to the interim orders passed by this Court, the petitioners have joined investigation. On behalf of petitioner Darshan it has been contended that the sons of complainant had opened attack on the family of Darshan and Mahender. Strong reliance is placed on the observations in the MLR of Love son of the complainant, whereas besides lacerations on the nose, it has also been observed that his breath was smelling of alcohol. It has also been submitted that a compliant has been given to the Chowki Incharge of Sector 7, Kurukshetra against Om Parkash and his sons, Love, Kush, Amit, Babli and Naresh Mahajan. I have heard counsel for the petitioner as well as State counsel and gone through the police record. So far as petitioner Darshan is Crl. Misc. No.M-13871 of 2011 [4] concerned he has not been attributed any grievous injury and he has already joined investigation. Petition bearing Crl. Misc. No. M-15837 of 2011 is allowed and it is ordered that in case of arrest of the petitioner, he will be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the arresting officer. So far as petitioner Sudesh is concerned, she appears to have also suffered minor injuries on her back and head but it will be premature at this stage to arrive at a conclusion that the grievous injuries attributed to her on the head of Chameli Devi could be in self-defence or she exceeded self- defence. A radio diagnosis conducted at Government Medical College, Sector 32, Chandigarh, indicates hemorrhage on the inner side of the head. The grievous injury attributed to petitioner Sudesh does not indicate that there are any extraordinary exceptional circumstances exist to grant the concession of pre-arrest bail to petitioner- Sudesh. Petition bearing Crl. Misc. No. M-13871 of 2011 is, therefore, dismissed without prejudice to her rights to seek the concession of regular bail. August 26, 2011 (M.M.S.BEDI) sanjay JUDGE