Cr.Misc. M 30197 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 30197 of 2011 Date of decision: 9.12.2011 Varinder Kumar @ Maula petitioner vs State of Punjab respondent Present:- Mr. Ashwani Talwar, Advocate. Mr. Ps Bajwa, DAG, Pb M.M.S.BEDI, J. The petitioner had earlier withdrawn two similar petitions for bail. This is the third petition for bail on the ground that the chances for tampering with the evidence are remote as the material witnesses have already been examined. Heard. The petitioner has suffered a detention of 1 ½ years for having caused an injury with a kirpan on the head of Lal Chand, father of the complainant. A perusal of the MLR indicates that an incised wound having been caused by the petitioner on the head of Lal Chand, which resulted in fracture of left frontal and parietal bone, surgery had to be conducted. Learned counsel for the petitioner has submitted that the complainant has been examined and that the injuries have also been attributed to injured Lal Chand and a cross case has also been registered. Challan has also been presented and the injured has also been charge Cr.Misc. M 30197 of 2011 2 sheeted along with others. The petitioner has been in custody since May,2010. A period of 1 ½ years has elapsed. In normal routine on account of the injury attributed to the petitioner , he would not have been entitled to the concession of bail but in view of the fact that it is a case of cross version and it would certainly be debatable, during trial as to who was the aggressor; it was a case of self defence or a case where self defence has been exceeded. Taking into consideration the stage of the trial, the petitioner can be granted the concession of bail. The petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bond/surety bond to the satisfaction of the trial court subject to the condition that the petitioner will not commit the similar offence of which he is accused of, during pendency of the trial. December 9 , 2011 (M.M.S.BEDI ) TSM JUDGE