IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 8874 of 2010 Date of decision: 5.4.2010 Balbir Singh and ors …Petitioners Versus State of Punjab and ors …Respondents Present: Mr AS Syan, Advocate for the petitioners. Mr VPS Sidhu, AAG Punjab. S.S.SARON, J. Heard counsel for the parties. The petitioners seek pre-arrest bail in a case registered against them on 13.9.2008 for the offences under Sections 326, 325, 324, 323, 341, 148 and 149 IPC. The FIR in the case has been registered on the statement of Joga Singh son of Surjan Singh. In the incident that occurred on 12.9.2008 at 5.30 p.m., it is alleged by Joga Singh son of Surjan Singh (complainant) that he was coming from Samana on a scooter and he was stopped on the way. In the fight that ensued, Balbir Singh (petitioner-1) gave a Kirpan blow on the left hand of Joga Singh (complainant), which hit him on his little finger. Harnek Singh (petitioner-2) gave a gandasa blow, which hit him on his right elbow. Joga Singh son of Kaka Singh (petitioner-3) is alleged to have raised a Lalkara. Initially, the offence under Section 326 IPC was not registered and the same was added on 30.12.2008. The injury attributed to Harnek Cr Misc M- 8874 of 2010 2 Singh on the right hand elbow of Joga Singh (complainant) is simple in nature. Joga Singh (petitioner-3) is alleged to have raised a Lalkara. The grievous injury attributed to Balbir Singh (petitioner-1) is on the little finger of the left hand of Joga Singh (complainant). The same is on non-vital part. The incident occurred on 12.9.2008 and the petitioners have not been arrested for this. Learned counsel for the petitioners submits that the petitioners were arrested in proceedings under Sections 107/151 CrPC and discharged in the said proceedings on 19.1.2009. Therefore, during this time, the petitioners were appearing in the Court of SDM Samana. However, they were not arrested. Keeping in view the role attributed to the petitioners and the fact that the grievous injury is only attributed to Balbir Singh (petitioner-1) and that too on a non-vital part; besides, the incident is of 12.9.2008 and till date, no arrest has been made, it would be just and expedient that in the event of arrest of the petitioners, they shall be admitted to bail. Accordingly, this petition is allowed and the petitioners, in the event of their arrest, on their furnishing personal bond and surety each to the satisfaction of the arresting/IO, shall be admitted to bail. They shall join investigation as and when called and shall abide by the conditions of Section 438(2) CrPC. The petitioners shall put in appearance before the IO on 8.4.2010 and continue to do so thereafter as and when called. 5.4.2010 ( S.S.SARON ) ASR Judge