IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-24869 of 2008 Date of Decision: October 20, 2008 Subhash Chand .....PETITIONER(S) VERSUS The State of Haryana .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Bipan Ghai, Advocate, for the petitioner. Mr. Sidharth Sarup, Assistant Advocate General, Haryana. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for bail to the petitioner in case FIR No.40 dated 6.4.2008 lodged for commission of offences under Section(s) 307, 324, 323, 506, 148, 149 IPC and Section 27 of the Arms Act, with Police Station, Mullana, District Ambala. While issuing notice of motion, the following has been observed:- “Learned counsel for the petitioner contends that there was a fight and both the sides received injuries. The complainant as well as the accused side are being proceeded against in cross version. On the side of the petitioner, four persons received injuries including the petitioner. The seat of injuries is on vital part of the body namely head. Learned counsel has drawn the attention of the Court towards the Crl. Misc. No. M-22399 of 2008 [2] medico legal report of Subhash Chand which indicates incised wound on the side of the neck.” Learned counsel for the respondent-State, on instructions from Sat Narrain, Sub Inspector, states that indeed it is a case of cross version. Including the petitioner, four persons received injuries. The petitioner himself received injury on the head. As per the Medico Legal Report, placed on record as Annexure P-1, the petitioner received one incised wound on the left side of neck in the mastoid region, Skull deep C shaped. I have also considered the injuries received by the injured at the hands of the petitioner. Although allegation is that fire-arm was used, however, the injury is a grazed wound on the left side of upper abdomen 0.1 x 1 cm and other 0 x 0.1 cm on the lower left side. Colour black. Inflammation present. Having regard to the fact that it is a case of cross version; the petitioner was injured in the incident and injury is on vital part of the body and is skull deep; the injury ascribed to the petitioner is grazed one; investigation has already been concluded and it would be only after trial that it can be determined which of the sides had acted in self defence, this petition is allowed. Bail to the satisfaction of Chief Judicial Magistrate, Ambala. (AJAI LAMBA) October 20, 2008 JUDGE avin