In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No. M-18259 of 2008 (O&M) Date of decision: 23.1.2009 Jagtar Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.K.Laddi, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. Mr.Tribhuwan Singla, Advocate, for the complainant. **** SABINA, J. CRM No.3988 of 2009 Application is allowed. Photocopy of MLR dated 20.5.2008 (Annexure P-3) of the petitioner is taken on record. CRM-M No.18259 of 2008 This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case bearing FIR No.43 dated 21.5.2008, under Sections 307 of the Indian Penal Code, registered at Police Station Dhanaula District Barnala. The case of the prosecution, in brief, is that on 20.5.2008 complainant Sukhwinder Singh and his brother Ginder Singh were Criminal Misc. No. M-18259 of 2008 (O&M) -2- preparing to water their fields. At about 2.00 p.m., Jagtar Singh started demolishing the khaal with kassi passing through his fields. Ginder Singh restrained Jagtar Singh from doing so. Jagtar Singh gave a kassi blow on the head of Ginder Singh and as a result of this he (Ginder Singh) fell on the ground. Complainant Sukhwinder Singh raised alarm. Jagtar Singh gave two kassi blows i.e. on the left jaw from the reverse side and on the middle finger of right hand on the person of complainant. Thereafter, Jeet Singh and Midu Singh reached the spot and Jagtar Singh was sent home Learned counsel for the petitioner has submitted that in the alleged incident, the petitioner has also suffered injuries. FIR in this case was registered late at night on 21.5.2008. The petitioner is in custody since 3.6.2008. Challan has already been presented. Learned State counsel and learned counsel for the complainant, on the other hand, have submitted that the petitioner has inflicted a head injury on the person of Ginder Singh. He has to be operated upon and is still undergoing treatment. After going though the rival contentions of learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed. The petitioner is in custody since 3.6.2008 and has also suffered injuries in the alleged occurrence. It is a case of cross- version. The petitioner has inflicted only one injury on the person of injured Ginder Singh from the blunt side of kassi. Whether the petitioner has inflicted the said injury with intention to kill Ginder Singh would more appropriately be considered and gone into during Criminal Misc. No. M-18259 of 2008 (O&M) -3- trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Barnala. (SABINA) JUDGE January 23, 2009 anita