In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 34581 of 2008 Date of Decision:29-01-2009 Vishal Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA Present: Mr. L.M.Gulati,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG, Punjab Mr.Vikas Bali, Advocate, for the complainant SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for grant of anticipatory bail to him in case FIR No. 237 dated 29.10.2008 under Sections 326/323/324/341/148/149 of the Indian Penal Code registered at Police Station, Mandi Gobindgarh, District Fatehgarh Sahib. As per the allegations in the FIR (Annexure P-1), petitioner was armed with base ball sticks and had given blows on the face of the complainant-Raj Kumar and as a result, complainant's two upper teeth were broken. Learned counsel for the petitioner has submitted that no such injury was reflected in the Medico Legal Injury Report (Annexure P-2). Learned State counsel as well as learned counsel for the complainant have opposed the bail application. Crl. Misc. No. M- 34581 of 2008 -2- A perusal of the Medico Legal Injury Report (annexure P-2) , reveals that the factum of breaking of two upper teeth is not reflected therein. Injury No. 2 i.e. “ .5 cm lacratin in the phillrun with alrasin of the nose” is opined to be simple in nature. Whether petitioner-Vishal Singh had participated at the time of occurrence, would more appropriately be gone into and considered during trial. Keeping in view the facts and circumstances of this case, this petition is allowed. In the event of arrest, petitioner be released on bail subject to the satisfaction of the Arresting Officer. Petitioner is directed to join investigation as and when called. He shall not temper with the prosecution evidence and shall not leave the country without prior permission of the Court. (SABINA) JUDGE January 29, 2009 PARAMJIT