Crl. Misc. No.M-25072 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-25072 of 2010 Date of Decision: September 21, 2010 Krishan and another …..Petitioners Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Shailender Mohan, Advocate for the petitioners. Mr.Amit Rana, DAG, Haryana. -.- M.M.S. BEDI, J. (ORAL) Petitioners seek the concession of pre-arrest bail in a case registered at the instance of Bhagwan Dass alleging that on July 14, 2010 at about 10.00 p.m., the petitioners alongwith Manjit and Atam Parkash had attacked Amit and the complainant besides inflicting injuries on the person of Subhash who tried to save the complainant. Case of the prosecution is that when complainant Bhagwan Dass had fallen on the ground with Crl. Misc. No.M-25072 of 2010 [2] bleeding head, then non-applicant Atam Parkash alongwith petitioners and Manjit had hit him on chest and thigh with lathi and iron rods resulting in fracture of his rib. Counsel for the petitioners has contended that after the registration of case under Sections 323, 506/34 IPC, the petitioners appeared before the Illaqa magistrate and were granted the concession of bail, the offences being bailable at that stage. Subsequently on the basis of medical report, offence under Section 307 IPC was added. It is claimed that as the petitioners have surrendered at initial stage, they should be granted the concession of pre-arrest bail in the offence under Section 307 IPC also. I have heard counsel for the petitioners and considered the facts and circumstances of this case. Since the petitioners in common intention with their co-accused armed with lathi and iron rod respectively had mercilessly beaten complainant and Subhash resulting in fracture of his rib, the extraordinary power under Section 438 Cr.P.C. cannot be exercised in favour of the petitioners. The specific grievous injury is attributed to Atam Parkash. Since the offence under Section 307 IPC was added later on after the petitioners have been surrendered in bailable offences, in such peculiar circumstances, in the interest of justice, it is ordered that petitioners will again put in appearance before the Illaqa Magistrate on or before October 6, 2010 and move an application before the appropriate Court for grant of bail which application will be allowed by the Court of competent jurisdiction on or before October 11, 2010 after issuing notice to the State. Crl. Misc. No.M-25072 of 2010 [3] Disposed of. September 21, 2010 (M.M.S.BEDI) sanjay JUDGE