IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-16101 of 2009 Date of Decision:- 15.07.2009 Balwan ....Petitioner(s) vs. State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Ms.Sharmila Sharma, Advocate, for the petitioner. Mr.Yashpal Malik, AAG, Haryana. Mr.Parveen Rohilla, Advocate, for the complainant. *** AUGUSTINE GEORGE MASIH, J. (Oral) As per the order passed by this Court on 9.6.2009, counsel for the petitioner states that the petitioner has joined the investigation. This fact has not been disputed by the counsel for the State as well as the complainant. Counsel for the complainant, however, submits that the injury which has been attributed to the petitioner has been declared dangerous to life and, therefore, Section 307 IPC has been added thereto. It is not in dispute that the petitioner initially was produced before the Magistrate and he was granted bail and he has joined the investigation and the weapons of offence have also been recovered. He is no more required for investigation purpose as has been stated by Counsel for the State on instructions from ASI Hari Krishan, Police Station, Asandh. Counsel for the petitioner has Crl.Misc.No.M-16101 of 2009 -2- further submitted that the other party was the aggressor as they had come and injured the petitioner in his house. However, this would be a question which shall be dependent upon the evidence that would be led by the parties. Keeping in view the facts and circumstances of the present case, this petition is allowed. Order dated 9.6.2009 is made absolute, however, subject to the conditions envisaged under Section 438 (2) Cr.P.C. Petition stands disposed of. July 15, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE