CRM-M-27744 of 2011 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-27744 of 2011 (O&M) Date of Decision:11.11.2011 Jaskaran Singh . . .Petitioner Versus State of Punjab . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.G.S. Verma, Advocate, for the petitioner. Mr.A.S. Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. (ORAL) CRM No.61289 of 2011 Application is allowed as prayed for. CRM-M-27744 of 2011 This is a petition for pre-arrest bail in case registered vide FIR No.53 dated 09.05.2011 under Sections 323, 324, 148 & 149 of the Indian Penal Code, 1860 (for short ‘IPC’) in which Section 326 IPC was added later on at Police Station Kot Bhai, District Sri Muktsar Sahib. The allegation against the petitioner is that he had caused injuries with a gandasi to Joginder Singh which resulted into a fracture on his right hand litter finger. Learned counsel for the petitioner has submitted that other four accused have been granted interim bail by this Court but at the same time he has admitted that those accused had not caused any injury which constitutes an offence under Section 326 IPC. He further submits that this is a case of cross-version in which it has yet to be determined as to who was the aggressor. CRM-M-27744 of 2011 (O&M) - 2 - Learned counsel for the State, on the other hand, has referred to the report of the Medical Officer to contend that the occurrence took place on 9.5.2011 and on the same day X-ray was conducted and the fracture was determined on the basis of which offence under Section 326 IPC was also added. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case but without making any observation on the merits, I am not inclined to grant anticipatory bail to the petitioner. Hence, the present petition is hereby dismissed and the interim protection granted to the petitioner is hereby vacated. (RAKESH KUMAR JAIN) NOVEMBER 11, 2011 JUDGE Vivek