Cr.Misc. M 25845 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 25845 of 2011 Date of decision: 19.10.2011 Harbans Singh and another petitioner vs State of Punjab respondent Present:- Mr. GS Gill, Advocate Mr. Kirat Singh, DAG, Pb Ms. Sukhpreet Kaur, Advocate M.M.S.BEDI, J. The petitioners seek the concession of pre-arrest bail in a cross version case. It is not out of place to observe that the original FIR was registered at the instance of petitioner No.1 Harbans Singh alleging that he and his son Jasvir Singh petitioner No.2 were assaulted by Sukhjinder Singh and Binder Singh etc.. So far as cross version is concerned, it was got registered by Sukhjinder Singh alleging that the petitioners along with others had assaulted Sukhjinder Singh. The petitioners have been attributed injuries on the arm and leg of Sukhjinder Singh. Petitioner No.1 has been attributed a simple injury with a datar on the left leg. Petitioner No.2 has been attributed an injury on the ulna of Sukhjinder Singh, which has been described as bone cut injury and has been described as grievous injury by the Doctor . Without expression of any opinion on merits of the case, it is sufficient to observe that the cross version, in the present case, was recorded after a gap of five days of the occurrence. It is also not out of Cr.Misc. M 25845 of 2011 2 place to observe that in the main case, registered at the instance of petitioner No.1, none of the assailants have been arrested on the ground that some inquiry is pending. It is a case of version and cross version, in which it is yet to be determined, who was the aggressor party. Besides this it appears to be debatable whether the bone cut injury would fall within the definition of grievous injury. Taking into consideration the totality of the above said circumstances, the petition is allowed and it is ordered that in case of arrest of the petitioners in the cross version case, they will be released on bail to the satisfaction of the arresting officer subject to the condition that they will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. The petitioners will not commit the act of assault during the pendency of the entire trial. October 19 , 2011 (M.M.S.BEDI ) TSM JUDGE