Crl. Misc. -M No. 27829 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 27829 of 2011 (O&M) Date of Decision: 20.9.2011 Ajaib Singh ..Petitioner. Vs. State of Punjab ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. R.K. Trikha, Advocate for the petitioner. Mr. K.S. Pannu, Deputy Advocate General, Punjab. RAJESH BINDAL, J. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. In fact, earlier there was a dispute in which son of the petitioner lodged FIR against the complainant herein bearing No.169 dated 14.9.2010 under Sections 323/325/34 IPC. The petitioner is 68 years of age. The grievous injury has been attributed to the son of the petitioner who was arrested and had already been released on bail. The only injury attributed to the petitioner is on the little finger of the complainant. On the other hand, learned counsel for the State submitted that injury on the little finger of the complainant attributed to the petitioner was declared grievous in nature. Considering the aforesaid fact, the petitioner is not entitled to bail, however, registration of earlier FIR by the son of the petitioner against the complainant and other accused is not denied. Heard learned counsel for the parties. In the MLR of the complainant, the injury which has been opined to be grievous by the doctor is an incised wound measuring 2 cm x 0.2 cm on the little finger of the complainant. The petitioner was allegedly carrying a Datar with which he had hit the complainant. The son of the petitioner, who had been attributed injury on the head of the complainant, was arrested and had already been released on regular bail. Considering the aforesaid fact, in my opinion, the petitioner is Crl. Misc. -M No. 27829 of 2011 -2- not required to be taken into custody for interrogation. He shall appear before Investigating Officer on 30.9.2011 at 10.00 A.M. to join investigation. In case of arrest, he shall be released on furnishing of bail bonds to the satisfaction of Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. ( Rajesh Bindal ) 20.9.2011 Judge Meenu