In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-35209 of 2009 ..... Date of decision:7.1.2010 Kulpreet Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Abhishek S. Bhaskar, Advocate for the petitioner. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him for the offences under Sections 452, 325, 324, 323, 326, 148 and 149 Indian Penal Code. The petitioner is a Science Teacher in Pankaj Modern School at Village Sahowal, District Gurdaspur. The FIR against him has been registered on the complaint of Sawar Singh, who has alleged that he does the work of poultry farming and was constructing a poultry shed in his agricultural land. On 10.4.2008 at about 8.30 a.m., he along with his wife Smt. Anjali was at the poultry farm and at that time Darshan Singh armed with `Datar'; Kulpreet Singh (petitioner), Sonu Saini, Rustam and Deepak Saini all armed with Baseball bats came there. Darshan Singh raised a `Lalkara' to teach a lesson to the complainant. The assailants-accused Cr. Misc. No.M-35209/2009 [2] forcibly entered inside the poultry shed and pulled him out. Injuries were caused by the accused. The petitioner is alleged to have given two blows with the baseball bat which hit on the left eyebrow and front portion of his right leg below the knee. He also kicked the complainant on his nose. As per the medico-legal report the injury below the knee of Sawar Singh is grievous and the other two injuries are simple in nature. Learned Additional Sessions Judge in his order dated 8.7.2009 (Annexure-P.3) observed that the injury attributed to the petitioner on the nose of the complainant was declared grievous, however, learned counsel for the State after reference to the medico-legal report has submitted that it is simple in nature. The petitioner was granted interim bail by the learned Additional Sessions Judge on 21.1.2009 and he joined the investigation on 22.2.2009. Later, his application for bail was dismissed vide order dated 8.7.2009 (Annexure-P.3). The complainant has, in fact, deposed an affidavit dated 11.6.2008 (Annexure-P.2) in which he has submitted that the names of the petitioner Kulpreet Singh and that of Deepak Saini were wrongly mentioned and, in fact, the said two persons have no concern with the incident. It is further deposed by the complainant that he would have no objection if their names were cancelled from the FIR or the FIR against them is quashed. Keeping in view the fact that the grievous injury attributed to the petitioner is on below the right knee which is non-vital part; besides the petitioner is a Science Teacher and the complainant himself has stated that his name was wrongly entered, it would be just and expedient that in the event of his arrest he be admitted to bail. Accordingly, the criminal miscellaneous petition is allowed. Cr. Misc. No.M-35209/2009 [3] In the event of arrest of the petitioner, he shall be admitted to bail on his furnishing personal bond and surety to the satisfaction of the Arresting/Investigating Officer. The petitioner shall join investigation as and when called and shall abide by the conditions of Section 438 (2) of the Code of Criminal Procedure. January 7, 2010. (S.S. Saron) Judge *hsp*