IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-36505 of 2010 (O&M) Date of decision: 7th February, 2011 Harpreet Singh … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.S. Athwal, Advocate for the petitioner. Mr. K.D.Sachdeva, Addl. Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 438 Cr.P.C. seeking pre-arrest bail to the petitioner in case FIR No.25 dated 13.09.2010 registered at Police Station Mukandpur, District Shaheed Bhagat Singh Nagar under Section 458 IPC. A Coordinate Bench of this Court, on December 14, 2010, passed the following order: “Petitioner apprehends arrest in a case registered at the instance of Sarwan Singh complainant alleging that the petitioner had entered in the house on the night intervening 12th/13th September, 2010 but when the complainant wake up and switched on the light of the courtyard, the petitioner caused injuries to the complainant with Kirpan and went to the roof of the house from where he fell down when the complainant allegedly raised alarm. Counsel for the petitioner submits that the petitioner had been given beatings by the complainant, Malkiat Singh and Jaswinder Singh and thrown in the street. He was taken Criminal Misc. No.M-36505 of 2010 (O&M) to hospital in unconscious condition. The FIR was registered. It is claimed that the petitioner himself received grievous injuries. Reliance has been placed on the MLR Annexures P3, P4 & P5. It is also submitted that there is only one injury on the nose of the complainant. Without expression of any opinion on merits, at this stage, it appears that the petitioner himself is injured in the alleged occurrence. Whether the injuries have been inflicted by the complainant party or the same had been received by the petitioner due to fall, is point of controversy at this stage. Notice of motion for 07.02.2011. Meanwhile, an interim direction is issued that the petitioner will join the investigation on 08.01.2011 between 10.00 AM to 4.00 PM. However, in case of petitioner doing so, he shall be released on interim bail to the satisfaction of arresting officer. Medico Legal Report of Sarwan Singh be made available on next date of hearing.” Counsel for the State, on instructions from ASI Jarnail Singh of Police Station Mukandpur, has stated that the petitioner has joined the investigation and is no longer required for custodial interrogation by the investigating agency, but weapon of offence is yet to be recovered from him. Counsel for the petitioner has stated that the petitioner will hand over the Kirpan to the investigating agency within ten days from today. In view of the statements made by Counsel for the State and Counsel for the petitioner, order dated December 14, 2010, passed by a Coordinate Bench, whereby interim bail was granted to the petitioner, is hereby affirmed and the present petition stands disposed of accordingly. However, in case the weapon of offence is not handed over by the 2 Criminal Misc. No.M-36505 of 2010 (O&M) petitioner, the State will be at liberty to file an application for cancellation of bail granted to the petitioner. [KANWALJIT SINGH AHLUWALIA] JUDGE February 7, 2011 rps 3