Cr.Misc. NO.M 3093 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO.M 3093 of 2009 DATE OF DECISION : 19.2.2009 Lakhvir Singh ......PETITIONER VERSUS State of Punjab. ......RESPONDENTS PRESENT: Mr. PPS Duggal, Advocate Ms.Rajni Guppta, DAG, Pb M.M.S.BEDI,J. The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Baljit Singh alleging that the petitioner had attacked the complainant with a toki injuring his left hand palm and the base of left hand finger while his wife Balbir Kaur and nephew Hardip Singh gave beatings to the complainant with sticks. Balbir Kaur had also allegedly inflicted sota blow on the back side of the head of the complainant. Hardip Singh has also been attributed a sota blow on the back side of the head and legs. The other boys, accompanied the petitioner, had allegedly thrown stones from the roof. Learned counsel for the petitioner contends that it is a case of cross version and the cross version has been recorded at the instance of the petitioner to the effect that 5-6 persons armed with sticks and sotas came to his STD and inflicted injuries on his legs, knees and thighs. Learned counsel for the petitioner has referred to the MLR, in which there are 10 simple injuries on his person varying from contusions to abrasions. Cr.Misc. NO.M 3093 of 2009 2 Co-accused of the petitioner have been granted the concession of pre- arrest bail. The injury attributed to the petitioner on the finger has been declared to be a grievous injury. It will be a moot point during trial whether the said injury can be considered as a grievous injury as both the parties have received injuries . It will be seen during trial as to which of the parties was the aggressor party. In view of the above, the petition is allowed and it is ordered that in case of arrest of the petitioner, he will be admitted to bail to the satisfaction of the arresting officer subject to the condition that he will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. February 19 ,2009 ( M.M.S.BEDI ) TSM JUDGE