IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO.M 7992 of 2009 DATE OF DECISION 16.4.2009 Sukhdev Singh ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. KPS Sandhu, Advocate Mr. PS Sidhu,Addl.a.G.Punjab M.M.S.BEDI,J. Learned State counsel, on the instructions of ASI Kashmir Singh, informs that the petitioner has joined the investigation and that the petitioner is alleged to have given a kirpan blow on the right arm of Nirmal Singh. I have heard learned counsel for the parties. The original FIR was registered at the instance of Balbir Singh alleging that the petitioner and the said Balbir Singh had been attacked by the opposite party. The cross case was registered against the petitioner at the instance of Nirmal Singh alleging that the petitioner and others had caused injuries on the person of the complainant. The injury attributed to the petitioner, as per the x-ray report is a bony cut on the ulna bone. A perusal of the medical record indicates that it will be a moot point during trial whether the injury attributed to the petitioner, in the cross version, falls under the definition of grievous injury u/s 320 IPC. Without expression of any opinion on merits of the case, the petitioner, in the above circumstances, can be granted the concession of pre-arrest bail. 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. April 16 ,2009 ( M.M.S.BEDI ) TSM JUDGE