In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-8255 of 2009 ..... Date of decision:15.4.2009 Surjit Singh and another .....Petitioners v. State of Punjab .....Respondent .... Present: Mr. S.S. Gill, Advocate for the petitioners. Mr. Sudhir Nehra, Additional Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioners seek pre-arrest bail in a case registered against them on 14.7.2008 for the offences under Sections 324, 323, 148 and 149 IPC and Section 326 IPC which was added later. The FIR in the case has been registered on the statement of Sarabjit Singh alias Satpal Singh. It is alleged that on 11.7.2008, the complainant was returning home when the assailants about ten in number including the petitioners caused injuries to him. Surjit Singh (petitioner No.1) was armed with a `Dang' and Balkar Singh (petitioner No.2) was armed with a `Gandasa'. Surjit Singh (petitioner No.1) is attributed a `Dang' blow on the left shoulder of the complainant. Balkar Singh (petitioner Cr. Misc. No.M-8255 of 2009 [2] No.2) is attributed a `Gandasa' blow from the reverse side which hit on the right foot of the complainant. Injury No.2 in the MLR report (Annexure- P.1) of Sarabjit Singh-complainant has been described as an abrasion contusion mark 6.8 x 6.0 cm. on right side of foot. X-ray was advised. It is not in dispute that the said injury has been opined to be simple in nature. The grievous injury is attributed to David Masih who is in custody. The injuries attributed to the petitioners are simple in nature. The FIR was registered on 14.7.2008. The petitioners have no interim bail in their favour but they have not been arrested by the Police till date. Learned counsel for the State, on instructions from HC Robin Masih, Police Station Dhariwal, District Gurdaspur, has submitted that raids were conducted on 14.7.2008, 16.7.2008, 20.7.2008, 27.7.2008, 5.8.2008, 6.10.2008, 25.12.2008, 17.1.2009, 15.2.2009 and 25.3.2009, however, the petitioners could not be apprehended. The application for bail was pending before the Additional Sessions Judge from 7.1.2009 to 13.3.2009 and despite that the petitioners were not apprehended even though there was no interim bail in their favour. Keeping in view that the petitioners have been at large and the injuries attributed to them are simple in nature, it would in the facts and circumstances be just and expedient to grant pre-arrest bail with the direction to join the investigation as and when called. Accordingly, criminal miscellaneous petition is allowed and the petitioners in the event of their arrest shall be admitted to bail on their furnishing personal bonds and surety each to the satisfaction of the Arresting/Investigating Officer. The petitioners shall join the investigation as and when called and shall appear before the Investigating Officer on Cr. Misc. No.M-8255 of 2009 [3] 20.4.2009 at 10.00 a.m. and continue to do so thereafter as and when called. April 15, 2009. (S.S. Saron) Judge *hsp*