In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc.-M No.23479 of 2008 ..... Date of decision:22.1.2009 Dinesh Kumar .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Ajay Kumar Sharma, Advocate for the petitioner. Mr. P.S. Sidhu, Additional Advocate General, Punjab for the respondent-State. Mr. A.S. Bhatti, Advocate for the complainant. ...... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 326, 324, 506, 148 and 149 Indian Penal Code (`IPC' – for short). The FIR in respect of an occurrence that occurred on 7.6.2008 at 9.00 a.m. has been registered on 10.6.2008 i.e. after three days of the occurrence. It is alleged by the complainant Mangu Ram that on 7.6.2008 at 9.00 a.m. along the unmetalled (Kacha) path which comes towards his house, Gian Kaur wife of Rattan Chand and her sons Julfi and Dinesh Kumar (petitioner), Asha Rani wife of Julfi, Monu son of Piara were planting cactus plants. Dinesh Kumar (petitioner) had a `datar' in his hand. Julfi was having Kassi (spade) in his hand and Sonu was armed with `Gandasi'. Shanti Devi-wife of the complainant stopped them and said that Cr. Misc.-M No.23479 of 2008 [2] cactus plants be planted in their (accused) own area and they should not plant cactus in their area. However, the said persons attempted to beat Shanti Devi wife of the complainant. Then the complainant asked his wife that they should leave and not create any dispute with them. In the meantime, Dinesh Kumar (petitioner) gave a `datar' blow on the left leg below the knee of Mangu Ram. Lalita daughter of Jagdev Singh from the village of the complainant witnessed the occurrence. Shanti Devi, the wife of the complainant then made arrangements for conveyance and got the complainant admitted in Civil Hospital, Dasuya where the doctor referred him to Civil Hospital, Hoshiarpur. He was under treatment there. It is alleged that these assailants gave threat to the complainant as well as his daughter Poonam Lata wife of Malkiat Singh. Because of the injuries, the complainant was not keeping good health. He gave his statement accordingly. Motive for the occurrence was that the assailants were planting cactus plants in the land of the complainant which was objected to and they created a quarrel. It may be noticed that on the statement of Mangu Ram the above FIR was registered. The cross-version has been registered against Mangu Ram-complainant on the statement of Dinesh Kumar (petitioner) in which it is alleged that Mangu Ram-complainant gave a `Gandasi' blow on the right arm of Dinesh Kumar (petitioner). Medical examination of both the injured, namely, Mangu Ram-complainant and Dinesh Kumar (petitioner) was conducted. Both had suffered grievous injuries. The question as to who was the aggressor is to be considered and gone into during the trial of the case after the evidence is led. Besides, it does not appear to be a case where the assault was made in a premeditated manner. Cr. Misc.-M No.23479 of 2008 [3] Learned counsel for the State has submitted that the petitioner has joined the investigation and his further custody is not required for the purposes of investigation. Learned counsel for the complainant has, however, opposed the application. It is submitted that the petitioner is aged 32 years whereas the complainant Mangu Ram is aged 70 years. However, it may be noticed that in the admission record of Civil Hospital, Hoshiarpur, the complainant Mangu Ram is recorded as aged 60 years though in the MLR of Mangu Ram it is recorded as aged 70 years. Therefore, this aspect would also be required to be considered and gone into after evidence has been led in the case. Keeping in view the fact that the injury suffered by the complainant is on a non-vital part and the petitioner himself suffered injury and as also the fact that the complainant in the cross-version against him has been granted pre-arrest bail by this Court vide order dated 9.9.2008, it would be just and expedient that the petitioner is also granted pre-arrest bail. Consequently, the criminal miscellaneous petition is allowed and the interim bail granted on 16.9.2008 is made absolute. January 22, 2009. (S.S. Saron) Judge *hsp*