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Judgment
M.M.S. Bedi, J.—This order will dispose of the above noted two petitions i.e., Crl. Misc. No. M-31320 of 2010, filed by Gian Singh; and Crl. Misc. No. M-31346 of 2010, filed by Tarlochan Singh alias Tochi, for the grant of pre-arrest bail in FIR No. 205 dated 09.09.2010, under Sections 420, 167, 211, 192, 193 & 120-B IPC, registered at Police Station, Civil Line, Patiala.
The allegation against Tarlochan Singh is that a criminal case was registered at the instance of Kuldeep Singh alleging that Ram Singh and Labh Singh sons of Sukhdev Singh had certain injuries fabricated on their person and got the same declared as grievous injuries and implicated complainant Kuldeep Singh in a cross-case by procuring a false MLR. The Petitioner Tarlochan Singh alias Tochi is accused of similar offence in Anr. case. His application for pre-arrest bail has been dismissed.
No ground is made out for the grant of pre-arrest bail to Tarlochan Singh alias Tochi and his application is, thus, dismissed.
So far as Gian Singh is concerned, he claims himself to be a retired doctor. He had not prepared the MLR of any person. He claims that he is not named in the FIR. The allegations against the Petitioner Gian Singh, are also serious but in view of the fact that he has already retired and it will be debatable whether at the time of preparation of the MLR, he stood transferred.
In view of such circumstances, Gian Singh, .Petitioner, can be granted the concession of pre-arrest bail. The petition for the grant of pre-arrest bail of Gian Singh is allowed and it is ordered that in case of arrest of Gian Singh, he shall be released on bail to the satisfaction of the Investigating Officer, subject to the condition that he will join investigation as and when required by the police and that he will not tamper with the evidence or hamper the investigation, in any manner. It will be debatable during trial, whether he connived with the other officials of the Hospital in fabricating the false injuries.
Thus, the petition of Tarlochan Singh alias Tochi for the grant of pre-arrest bail is dismissed, whereas the petition of Gian Singh for the grant of pre-arrest bail is allowed.
Interim order qua Tarlochan Singh alias Tochi, stands vacated.