Crl. Misc. No. M-36474 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-36474 of 2009 DATE OF DECISION: January 13, 2010 Balbir Chand and another .........PETITIONER(S) VERSUS State of Punjab ......RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. D.D. Sharma, Advocate, for the petitioners. Ms. Rajni Gupta, Addl. A.G., Punjab. AJAI LAMBA, J. (ORAL) This petition has been filed under Section 438 Cr.P.C. for bail in case FIR No. 222 dated 22.11.2009 under Sections 323/427/452/506/34 IPC, P.S. City Khanna, Ludhiana. Learned counsel for the petitioner contends that the FIR is an exaggerated version at best. The injury found on the person of Dharamvir is simple. Learned counsel for the respondent-State, on instructions from ASI Jaswinder Singh, endorses the fact that only one simple injury was detected on the person of Dharamvir. Having considered the issue, I find that in the recital of FIR, Balbir Singh allegedly gave a rod blow on the head whereas Narinder Singh gave beatings to Dharamvir with his soti. There is only one injury on the person of the injured. It seems to be an exaggerated version which casts a doubt. Crl. Misc. No. M-36474 of 2009 2 In view of the above, the petition is allowed subject to the following conditions:- i)the petitioners shall make themselves available for interrogation as and when required; ii)the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and iii)the petitioners shall not leave India without the previous permission of the Court. This order shall enure till 15 days after the filing of final report under Section 173 Cr.P.C., during which period the petitioners shall be required to seek regular bail. Anything said hereinabove is only for consideration of the issue in the context of Section 438 Cr.P.C. and shall not be construed as observations or finding on facts. It is further directed that the petitioners shall appear in P.S. City Khanna, District Ludhiana on 28.01.2010 at 10.00 a.m. for joining investigation. The respondent-State would be at liberty to file an application for cancellation of bail if the petitioners do not join investigation. 13.01.2010 (AJAI LAMBA) shivani JUDGE