IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 8562 of 2009
DATE OF DECISION 22.5.2009
Nirmal Singh and another
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. Ranjit Saini, Advocate
Mr. PS Sidhu, Addl.A.G.Pb
Mr. JBS Gill, Advocate
M.M.S.BEDI,J.
The petitioners seek the concession of pre-arrest bail in a
cross case. There are injuries on both the sides. The petitioners have
already joined the investigation.
I have considered the statement of Nirmal Singh petitioner as
well as the cross version of Rajwant Kaur. The name of Rajwant Kaur is
not mentioned in the FIR whereas in the statement of Rajwant Kaur a
probable defence seems to have been raised . It will be pre mature at this
stage to form an opinion whether the cross version establishes the defence
of the accused or it is an act where the right of self defence has been
exceeded. It also cannot be opined at this stage whether the cross version
is correct or it is a false defence put forth.
Taking into consideration the totality of the circumstances the
petitioners deserve to be released on pre-arrest bail.
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.
May 22 ,2009 ( M.M.S.BEDI ) TSM JUDGE