In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc.-M No.3683 of 2009 ..... Date of decision:17.3.2009 Charanjit Singh and another .....Petitioners v. State of Punjab .....Respondent .... Present: Ms. Meenakshi Dogra, Advocate for the petitioners. Mr. P.S. Sidhu, Additional Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioners seek pre-arrest bail in a case registered against them for the offences under Sections 323/325 IPC, 323/324 IPC and also for the offence under Section 326 IPC, which, it is stated, was added later. The FIR in the case has been registered on the statement of Charanjit Singh (petitioner No.1). The petitioners have been accused in the cross-version which is registered on the statement of Dalbir Singh. It has been alleged by Dalbir Singh that on 26.11.2008 he along with Harpal Singh, who is an Electrician, were going to Kartarpur on their Hero Honda motorcycle for purchasing the spare parts for his car. At about 6.00 p.m., when they reached near Sharma Hospital, Charanjit Singh (petitioner No.1) and Kinda (Kulwinder Singh, petitioner No.2) along with four-five unidentified persons were standing on the road and they stopped them. When Dalbir Singh and Harpal Singh stopped their motorcycle, Charanjit Cr. Misc.-M No.3686/2009 [2] Singh (petitioner No.1), who was armed with `Datar' inflicted a `datar' blow on the right arm elbow of Dalbir Singh. Thereafter, Kinda (Kulwinder Singh-petitioner No.2) gave a `datar' blow on the left arm elbow. After that an unidentified person gave a `danda' blow on the head and another unidentified person gave a beating to the complainant-Dalbir Singh in the cross-version. Dalbir Singh suffered injuries on his stomach and right arm. Thereafter, Charanjit Singh (petitioner No.1) gave a `datar' blow to Harpal Singh on his left arm elbow. The unidentified person also gave him (Harpal Singh) a beating and he suffered many injuries. The reason for the grudge was that on 25.11.2007 Charanjit Singh (petitioner No.1), Lakhwinder Singh (non-petitioner) and Kinda (Kulwinder Singh-petitioner No.2) had beaten Dalbir Singh and he had complained to the Panchayat regarding the same. Kulwinder Singh and Gurdip Singh arranged for conveyance and brought Dalbir Singh and Harpal Singh to the Civil Hospital, Jalandhar. On the basis of the statement of Charanjit Singh (petitioner No.1) a case for the offence under Sections 323/325 IPC was registered against Dalbir Singh and Harpal Singh. The petitioner No.1 received grievous injuries on the left elbow, which injury on the left elbow, it is stated, has been opined as grievous by the doctor. Learned counsel for the petitioners submits that in view of the injuries suffered by the petitioner from Dalbir Singh, he (Dalbir Singh) inflicted injuries on himself and got a case registered against the petitioners for the offences under Sections 323/324 IPC. It is submitted that the incident occurred on 26.11.2008 but the X-ray was not conducted by the doctors of the Civil Hospital on the same day and it was conducted on 2.12.2008 which shows the falsity of the cross-case registered on the Cr. Misc.-M No.3686/2009 [3] statement of Dalbir Singh. It is submitted that the offence under Section 326 IPC has been added just to make the case non-bailable. Learned counsel for the State has submitted that in terms of the interim bail granted to the petitioners on 11.2.2009, the petitioners have joined the investigation and their further custody is not required. Keeping in view the facts and circumstances of the case and also the fact whether the offence under Section 326 IPC is made out or not made out against the petitioners, besides the delay in getting the X-ray conducted on the person of Dalbir Singh and Harpal Singh as also the fact that the custody of the petitioners is not required, it would be just and expedient that they are granted the concession of anticipatory bail. Accordingly, the criminal miscellaneous petition is allowed and in the event of arrest of the petitioners, they shall be admitted to bail subject to their furnishing personal bonds and surety each to the satisfaction of the Arresting/Investigating Officer. However, the petitioners shall join the investigation as and when called and shall abide by the conditions of Section 438 (2) Cr.P.C. March 17, 2009. (S.S. Saron) Judge *hsp*