Cr.Misc. NO.M 3737 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO.M 3737 of 2009 DATE OF DECISION : 19.2.2009 Karamjit Singh ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. SS Rangi, Advocate Ms.Rajni Gupta, DAG, Pb Mr. Puneet Sharma, Advocate. M.M.S.BEDI,J. The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Kuldip Kaur alleging that on 11.1.2009 Manjit Kaur, Jaspal Kaur, Dalip Kaur and Pardeep Kaur along with the petitioner armed with a dah raised a lalkara that the complainant party could not lay foundation of the tube-well room as it was a joint khewat. The complainant was allegedly dragged by the above mentioned ladies along with petitioner and they inflicted injuries on the person of Kuldip Kaur, resulting in amputation of her left index finger and middle finger just beyond the terminal. I have heard learned counsel for the parties and gone through the police record. It is a fact that the above mentioned four ladies, allegedly present on the spot, had also received injuries and their MLRs had been prepared. Though all the injuries are simple but the fact remains that both the parties had entered into a fighting. It appears to be a case where the Cr.Misc. NO.M 3737 of 2009 2 aggressor party is yet to be determined. I have carefully examined the injuries alleged to have been received by Kuldip Kaur. The index finger and the middle finger of the left hand seem to have received cuts near the terminals. The injury No.2 indicates that tissue of the bone was cut. The injury No.2 seems to have been declared grievous without x-ray. It will certainly be a moot point during trial whether the injuries on the person of Kuldip Kaur are actual grievous injuries. There has been a previous civil litigation between the husband of the injured and the petitioner. Accordingly, 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. The petitioner will not commit the similar offence of which he is accused of during the pendency of the trial. February 19 ,2009 ( M.M.S.BEDI ) TSM JUDGE