Criminal Misc.-M No. 35025 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 35025 of 2011(O&M) Date of Decision: 29.11.2011 Sarabjit Singh @ Teeput ...Petitioner Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Veneet Sharma, Advocate for the petitioner. Mr. B.B.S. Teji, Senior Deputy Advocate General, Punjab. …… RAJESH BINDAL, J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner in FIR No. 30 dated 07.07.2011 registered under Sections 323/ 324/326/34 IPC at Police Station Khem Karan, Tarn Taran. Initially the FIR was registered under Sections 323/324/34 IPC. All the offence being bail- able, the petitioner was not arrested. Later on, offence under Section 326 was added and the petitioner is sought to be arrested. Learned counsel for the petitioner submitted that the petitioner as well as the complainant are the neighbours. The alleged incident took place on 30.06.2011. However, the FIR was got registered on 07.07.2011. The injury on the basis of which, offence under Section 326 has been added is on the right arm below the elbow. The alleged cause of fight was construc- tion of small Pulia in the street on account of heavy rain and flow of water during that period. In fact, the complainant party had caused injuries to the mother of the petitioner. She had even filed a complaint to that effect on 30.06.2011 itself and got herself examined in the hospital. On the other hand, learned counsel for the State submitted that the injury attributed to the petitioner with Kirpan on the right arm below the Criminal Misc.-M No. 35025 of 2011 2 elbow was found to be grievous. Considering the allegations levelled against the petitioner, he does not deserve concession of pre-arrest bail. After hearing learned counsel for the parties and considering the cause of fight; delay in lodging the FIR and also that the injury is on the right arm below the elbow, in my opinion, the petitioner deserves concession of pre-arrest bail. He is directed to appear before the Investigating Officer on 06.12.2011 at 10.00 a.m. to join investigation and in case of arrest, he shall be released on furnishing of bail bonds to the satisfaction of the Arresting/In- vestigating 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) JUDGE 29.11.2011 sharmila