Crl. Misc. No.M-22567 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-22567 of 2010 Date of decision: 30.09.2010 Harbhajan Singh .. Petitioner Versus State of Punjab .. Respondent Present:- Ms. Naiya Gill, Advocate for the petitioner. Mr.V.P.S.Sidhu, AA.G., Punjab. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner seeks pre-arrest bail in the cross-case registered against him on 07.07.2009 for the offences under Sections 324, 323, 384, 148, 149 and Section 326 IPC; besides Section 25 of the Arms Act on the statement of Hardeep Singh son of Thakur Singh. The petitioner is the complainant in the FIR. In the cross version he is attributed a kirpan blow on the wrist of complainant's (Hardeep Singh's) right arm and Gurpreet Singh (non-petitioner) gave a kirpan blow which hit above the elbow of his (complainant's) left arm. The injury attributed to the petitioner has been opined to be grievous in nature. The co-accused of the petitioner have been granted pre-arrest bail. The FIR in the case has been registered on the statement of Harbhajan Singh (petitioner) who has alleged that Hardeep Singh and others were in illegal Crl. Misc. No.M-22567 of 2010 -2- occupation of Panchayat land. The injury attributed to the petitioner is on a non-vital part. Besides, the allegations of the petitioner Harbhajan Singh- (complainant in the FIR) are that Hardeep Singh was armed with 12 bore gun and he (Hardeep Singh-complainant in cross-version) and Gurdeep Singh were armed with 12 bore guns and fired shot on the left foot of the son of the petitioner-Harbhajan Singh. Keeping in view the nature of the injury and role attributed to the petitioner, it would be just and expedient if he is granted concession of bail. This is moreso for the reason that the other co-accused have been granted the concession of pre-arrest bail on the ground that the learned counsel for the State has submitted that their custody is not required for the purposes of investigation. The criminal miscellaneous petition is allowed and the petitioner, in the event of arrest, shall be admitted to bail on his furnishing personal bond and surety to the satisfaction of the Arresting/Investigating Officer. The petitioner shall join investigation as and when called and shall abide by the conditions of Section 438(2) Cr.P.C. September 30, 2010 (S.S. SARON) sukhpreet/amit JUDGE