Cr.Misc. M 29682 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. M 29682 of 2008 DATE OF DECISION : 22.1.2009 Vijay Kumar and others ......PETITIONER VERSUS State of Punjab ......RESPONDENT PRESENT: Mr. S.K.Singla, Advocate Ms.Rajni Gupta, DAG, Pb. M.M.S.BEDI,J. The petitioners seek the concession of pre-arrest bail, registered at the instance of Goga singh complainant alleging that he was attacked by the petitioners along with 10 to 25 other persons by going to shop of Gurcharan Singh. So far as petitioner No.1 is concerned, he is alleged to have given an injury on the left arm of the complainant with a sharp edged weapon whereas petitioner No.2 has not been attributed any injury. Petitioner No.3 is alleged to have given fist blows in the stomach of the complainant. Learned counsel for the petitioners in order to substantiate his argument that the petitioners have been falsely implicated in the case at the instance of Gurcharan Singh has contended that Gurcharan Singh has got a dispute over a plot measuring 1408 sq. yds with petitioner no.1 Vijay Kumar, regarding which he has filed a civil suit for permanent injunction Cr.Misc. M 29682 of 2008 2 against petitioner No.1. On account of the said dispute, the petitioners have been falsely implicated in the case. The injuries attributed to the petitioners are simple in nature but on account of non bailable offence u/s 452/380 etc. having been added, the petitioners have got a reasonable apprehension of arrest. It has also been contended that all the co-accused of the petitioner, after arrest have been released on bail. After hearing learned counsel for the petitioners, I am of the opinion that the petitioners can be granted the concession of pre-arrest bail as the complainant certainly got a rivalry with petitioner No.1 on account of the civil dispute, which is apparent from the copy of the plaint (Annexure P- 2). The complainant is an employee of Gurcharan Singh. It will certainly be a moot point during trial whether 10 to 12 persons actually constituted an unlawful assembly to attack the premises of Gurcharan Singh while he was not present there. The petitioners have already joined the investigation and their custodial interrogation does not seem to be necessary in this case. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioners, they will be admitted to bail to the satisfaction of the arresting officer subject to the condition that they will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. January 22 ,2008 ( M.M.S.BEDI ) TSM JUDGE