Crl.M.No.29530-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.29530-M of 2010 Date of Order: 18.11.2010 Nirmal Kumar and another .....Petitioners Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Rajinder Sharma, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 438 Cr.P.C is for grant of pre arrest bail in cross case lodged by Lakhbir Singh in case FIR No.134 dated 1.7.2010 under Sections 323/324/326/34 IPC, P.S 'A' Division Amritsar. As per allegations in the cross case, both the petitioners- brothers picked up brick bats/stones and inflicted one injury each on the head in front and on the left side of the right eye respectively of Lakhbir Singh. Learned counsel submits that petitioner No.1-Nirmal Kumar @ Sonu has since been arrested, therefore, the petition qua him has become infructuous. He further contends that assuming cross version to be true, even then both the injuries on the person of Lakhbir Singh have been found to be simple in nature. He further submits that in view of allegations that stone/brick bats were used to inflict injuries, no recovery of any alleged weapon of offence is to be effected. Crl.M.No.29530-M of 2010 #2# Learned state counsel, on instructions from ASI Maninderjit Singh, concedes that petitioner No.1 has been arrested. He further states that injuries on the person of Lakhbir Singh qua petitioner No.1 , as per MLR, have been opined to be simple in nature. Without expressing any opinion on the merit of the case and keeping in view the fact that there is version and cross version case and that the injury attributed to the petitioner is simple in nature, I deem it appropriate to extend the concession of pre arrest bail to petitioner No.2. Petition is disposed of with a direction that in the event of his arrest, petitioner No.2 shall be released on pre arrest bail to the satisfaction of the Arresting/Investigating Officer subject to his joining investigation. He shall continue to join investigation as and when called upon to do so and shall abide by all the conditions as envisaged under Section 438(2) Cr.P.C. November 18, 2010 ( JASWANT SINGH ) manoj JUDGE