(1.) THIS order will dispose of Criminal Misc. No. M -42015 of 2007 filed by Tarsem Singh and Criminal Misc. No. 27124 -M of 2007 filed by Harmel Singh as they both arise out of the same FIR No. 90 dated 28.5.2004 registered at Police Station Lambi, District Muktsar for the offences under Sections 326, 324, 323 and 34 IPC. The Petitioners Tarsem Singh and Harmel Singh in the respective petitions pray for grant of pre -arrest bail.
(2.) THE FIR in the case has been registered on the statement of Gurmel Singh. It is submitted by the complainant that he does agricultural work. On 27.5.2004, he and his father Sukhdev Singh were going to the Gurdwara Sahib. When they reached in front of the house of Bhag Singh Bazigar, then Kaur Singh armed with Handali, Harmel Singh (Petitioner) armed with stick and Tarsem Singh (Petitioner) also armed with stick came there. It was about 7.00 O'clock in the evening. Kaur Singh (non -Petitioner) raised a 'Lalkara' and stated that "Gurmel Singh (complainant) today you have met us and we would teach you a lesson for not giving them the water course". Then Tarsem Singh (Petitioner) gave a stick blow which struck the complainant on the middle of his two fingers. Harmel Singh (Petitioner) also gave a stick blow on the back of his right leg. Then Kaur Singh (non -Petitioner) gave a Dasti Gadali blow straight on the right arm of the complainant. The complainant raised alarm and his father Sukhdev Singh tried to rescue him and raised an alarm. Then the accused saw the villagers coming to the spot and they ran away with their respective weapons. During investigation of the case the Petitioners were found to be innocent and they were kept in column No. 2 of the final report (challan) filed by the Police in terms of Section 173(2) Code of Criminal Procedure
(3.) IN any case, it is stated by the learned Counsel for the State that the custody of the Petitioners is not required for the purpose of investigation. It may also be noticed that the Petitioners have been summoned as additional accused in terms of Section 319 Code of Criminal Procedure and during investigation they were found to be innocent. Both the Petitioners have been attributed a stick blow only. Their involvement in the case is to be considered and gone into after trial. It is stated that the respective Petitioners have furnished their bail bonds.