Crl. Misc. No.M-17985 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-17985 of 2011. Date of decision: November 01, 2011. Lakhwinder Singh and others .. Petitioners VERSUS State of Haryana. .. Respondent CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.R.S.Rai, Sr., Advocate, with Mr.Anurag Arora, Advocate, for the petitioners. Mr.Shalini Attri, DAG. Haryana. Mr.Deepender Singh, Advocate, for the complainant. M.M.S.BEDI, J (ORAL). Petitioners seek the concession of regular bail in a case registered at the instance of Jagga Singh alleging that on 17.03.2011, while he was going to the Court in connection with a criminal case of murder of his brother along with Manjit Singh driver of his Safari with two official gunmen Head Constable Surjit Singh and Head Constable Pala Ram and Sagandeep accompanied by nephew Jasbir Singh and his friend Lakhbir Singh in a separate Zen Car, they were intercepted by Chhotu Bhatt and the petitioners and fired at. The fire shot hit the vehicle of the complainant and the Zen Car. On information given to the police by gunman of the . . .1 Crl. Misc. No.M-17985 of 2011 complainant, the police arrived at the spot. So far as petitioner Nos.1 and 2 are concerned, they were unarmed and have not been attributed any specific overt act. Petitioner No.3, was allegedly present on the spot armed with a Mouser which was not used in the occurrence. The shot fired by co-accused of the petitioner Chhotu Bhatt had allegedly hit the foot of Lakhbir Singh who was admitted in Dabwali Hospital for treatment. Counsel for the complainant has intervened to oppose the application for grant of regular bail contending that the brother of complainant had been murdered and that the petitioners and Chhotu Bhatt had attacked the complainant to terrorise the complainant and other persons who were doing Pairvi of the murder case. It has been submitted that Chhotu Bhatt co-accused of the petitioners and the petitioners are members of criminal gang who indulged in criminal activities. It has also been submitted by the counsel for the complainant that the complainant will be prevented to appear as a witness in case the petitioners are granted the concession of bail. I have heard the counsel for the petitioner, State counsel as well as the counsel for the complainant. It has been informed that the trial in the murder case of the brother of the complainant is almost over and the case is fixed for arguments. The petitioners are not, in any manner, connected with the said murder case. Taking into consideration, the period of 8 months of . . .2 Crl. Misc. No.M-17985 of 2011 detention suffered by the petitioners and the part attributed to them, they can be granted the concession of regular bail as the injury, if any, is attributed to the co-accused of the petitioners Chhotu Bhatt. The petition is allowed. The petitioners are ordered to be released on bail on their furnishing bail bonds/surety bonds to the satisfaction of the trial Court subject to an additional condition that the petitioners will not commit the similar offence of which they are accused of and will not make any attempt to tamper with the evidence or delay the criminal proceedings in the present case, in any manner. In case of any such eventuality, it will be open to the complainant or the prosecution agency to seek the cancellation of bail. (M.M.S.BEDI) JUDGE November 01, 2011. rka . . .3