Crl.M.No.27286-M of 2010(O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.27286-M of 2010(O&M) Date of Order: 12.11.2010 Harbhajan Singh and another .....Petitioners Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Ritesh Pandey, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 438 Cr.P.C is for grant of pre arrest bail in cross case registered vide DDR No.25 dated 15.6.2010 on the statement of Gurmit Singh in case FIR No.59 dated 13.6.2010, P.S Ghuman Tehsil Batala, District Gurdaspur. Dispute is with regard to the ownership of the land, which is admittedly in possession of the petitioners. It is stated that while the petitioners, who are 70 and 65 years old respectively, were ploughing their fields, said Gurmit Singh along with his accomplices came to the fields and inflicted injuries on Balwinder Singh-cousin of the petitioners and one Nirmal Singh-brother of the petitioners, resulting in lodging of aforesaid FIR No.59 dated 13.6.2010 under Sections 323/324/326/148/149 IPC. It is alleged in the cross case that petitioner No.1 was armed with 'dang' whereas petitioner No.2 was armed with 'kirpan' and they Crl.M.No.27286-M of 2010(O&M) #2# inflicted injuries on Gurmit Singh. Learned counsel submits that the injuries though exaggerated were caused in self-defence as the opposite party had attacked the petitioner party. Learned state counsel, on instructions from HC Daljit Singh, submits that the injury attributed to petitioner No.1 is simple in nature whereas injury ascribed to petitioner No.2 is grievous. He further submits that though the petitioners have joined investigation but the weapon of offence is still to be recovered. Without commenting upon merit of the case, and keeping in view the fact that there is version and cross version of the occurrence, it is yet to be determined as to who is the aggressor party. However, taking into account the material placed on record, I find that the petitioners deserve the concession of pre arrest bail. In view of the above, interim protection/pre arrest bail granted vide order dated 16.9.2010 passed by this Court is made absolute. Petition stands disposed of. November 12, 2010 ( JASWANT SINGH ) manoj JUDGE