Judgment:
Cr.Misc.
M18379of 2014 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc.
M18379of 2014 Date of decision:- 8.7.2014 Jaswinder Singh and ors Petitioner versus State of Punjab Respondent Present: Mr.APS Deol, Sr.Advocate with Mr.Devinder Bir Singh, Advocate.
Mr.CS Brar, DAG, Punjab.
Mr.Sunil Agnihotri, Advocate.
M.M.S.BEDI,J.
The petitioners seek the concession of pre-arrest bail in a case registered at the instance of Shamsher Singh alleging that on the day of the Parliamentary Elections, the complainant was assaulted by the petitioneRs.constituting an unlawful assembly.
Shamsher Singh suffered four fractures on the face and hands.
So far as the petitioners are concerned, they have not been attributed any specific injuries.
Counsel for the complainant has intervened to oppose the petition for pre-arrest bail contending that the petitioners were members of the unlawful assembly and they had participated in the occurrence, resulting in fractures on the person of the complainant and that it is a case of mob attack.
A perusal of the police file indicates that it is a cross version case and that Bhajan Singh, on the side of the petitioneRs.had also suffered injuries.
Copy of the cross version has been placed on record as Annexure P-3.
In view of the above circumstances, it appears that it will be a debatable issue during the couRs.of trial as to which of the party was the Mann Tapindar Singh 2014.07.09 10:12 I attest to the accuracy and integrity of this document High Court Chandigarh Cr.Misc.
M18379of 2014 2 aggressor party.
Counsel for the complainant has submitted that in order to pressurise the complainant, a cross version of the petitioners has been recorded.
I have heard counsel for the parties and gone through the record.
The petitioners have joined the investigation and are not required for custodial interrogation.
The petition is allowed and interim order dated 26.5.2014 is hereby made absolute subject to the condition that the petitioners will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation.
The petitioners will not indulge in the similar activities during the entire period of trial.
In case of any such activities on the part of the petitioneRs.it will be open to the complainant to seek cancellation of bail.
July 8 ,2014 ( M.M.S.BEDI ) TSM JUDGE Mann Tapindar Singh 2014.07.09 10:12 I attest to the accuracy and integrity of this document High Court Chandigarh