In the High Court of Punjab and Haryana at Chandigarh ...... (1) Criminal Misc. No.M-31058 of 2010 ..... Date of decision:28.2.2011 Gian Singh and another .....Petitioners v. State of Haryana .....Respondent .... (2) Criminal Misc. No.M-32671 of 2010 ..... Harvinder Singh .....Petitioner v. State of Haryana .....Respondent .... Present: Mr. S.S. Walia, Advocate for the petitioners. Mr. H.S. Deol, Additional Advocate General, Haryana for the respondent-State. Mr. R.S. Sharma, Advocate for the complainant. ..... S.S. Saron, J. Heard learned counsel for the parties. This order will dispose of Criminal Misc. No.M-31058 of 2010 filed by Gian Singh son of Lal Singh and Sukhwinder Singh alias Lakhu son of Shingara Singh as also Criminal Misc. No.M-32671 of 2010 filed Harvinder Singh son of Hardev Singh. The petitioners in the respective petitions seek pre-arrest bail in Cr. Misc. Nos.M-31058 of 2010 etc. [2] a case registered against them on 25.9.2010 for the offences under Sections 326, 324, 323, 341, 506, 148 and 149 IPC. The FIR in the case has been registered on the statement of Sukhwant Singh son of Puran Singh. The complainant resides by constructing a `Dhani' (out-house). in the fields. He has taken two acres of land of Tej Singh on lease which is near the fields of Gian Singh (petitioner No.1 in Criminal Misc. No.M-31058 of 2010). There was a small water course going under the road which is used by Gian Singh. The complainant objected to this due to which there was an altercation between them. The Panchayat was convened on 24.9.2010 with regard to the said altercation. The complainant alongwith Amrik Singh who is his relative, Sardul Singh, Sukhdev son of Pritam Singh and Joginder Singh son of Baj Singh were going to the Police Station Jakhal in their Maruti car No.HR-59-1201 which belongs to Amrik Singh. When they reached on the metalled road in front of the Dhani of Gian Singh, Surjit son of Gian Singh stopped his Bolero jeep and obstructed the car of the complainant. Surjit Singh and Malkiat Singh sons of Gian Singh were armed with Kirpans. Gian Singh (petitioner No.1 in Criminal Misc. No.M-31058 of 2010) was armed with a Lathi. Bhola Singh was armed with a Kassi, Akwam Kamboj, Sukhwinder Singh alias Lakhu (petitioner No.2 in Criminal Misc. No.M-31058 of 2010) resident of Meyond Kalan armed with Gandasa, the brother-in-law Surjit Singh and three sons-in-law of Gian Singh armed with Lathis got down from the Bolero jeep and as soon as the complainant got down from their car, Surjit Singh and Malkiat Singh gave Kirpan blows on him which hit on the right hand as a result of which he fell down. Then all the assailants started causing injuries to them. In the meantime, Surjit Singh started the Cr. Misc. Nos.M-31058 of 2010 etc. [3] Bolero jeep and caused injury on the left foot by hitting the same and then after taking jeep towards backside hit the complainant. They raised a noise of “Maar-dia maar-dia”. It is submitted that Sardul Singh, Joginder and the persons residing in the nearby Dhanis rescued them. Then one unknown person took out a pistol and uttered that today they were saved and if again they came then they would be killed by firing pistol. Thereafter by arranging a vehicle Lakhwinder Singh son of Dalip Singh got them admitted in Civil Hospital, Jakhal from where they were referred to Tohana by the doctor. Sukhdev son of Pritam Singh was taken to Hisar as he was having several injuries. The above accused had caused injuries to them and accordingly it was prayed that legal action be taken. It is a case of cross-version and on the cross-version of the accused in the present case, a cross-case has been registered against the complainant of the present case. An application for pre-arrest bail i.e. Criminal Misc. No.M-38178 of 2010 was filed by Sukhwant Singh and Amrik Singh which has been dismissed by this Court in terms of order dated 7.2.2011. It may be noticed that it is a case of free fight and it is to be ascertained as to who was the aggressor. The petitioners side has attacked the complainant as per the allegations in the FIR which is recorded on the statement of Sukhwant Singh. Sukhwinder Singh alias Lakhu (petitioner No.2 in Criminal Misc. No.M-31058 of 2010) according to the learned counsel for the State caused grievous injuries to Sukhdev Singh and Sukhwant Singh-complainant as he was armed with Gandasa. Besides, Harvinder Singh has also attacked with his Dang on the person of the complainant-Sukhwant Singh. It may, however, be noticed that Gian Singh is 70 years of age and he is attributed three injuries on the person of Amrik Cr. Misc. Nos.M-31058 of 2010 etc. [4] Singh which are admittedly simple in nature. In the circumstances, it would be just and expedient if Gian Singh (petitioner No.1 in Criminal Misc. No.M-31058 of 2010) is granted the concession of bail. The case is a free fight, in which injuries have been caused to both the side and it is to be ascertained as to who was the aggressor. The bail application of the complainants in the present case, who are the accused in the cross-case has been dismissed by this Court on 7.2.2011. In the circumstances, Criminal Misc. No.M-31058 of 2010 is allowed qua Gian Singh (petitioner No.1) and the interim bail granted to him in terms of order dated 25.10.2010 is made absolute. However, it is dismissed qua Sukhwinder Singh alias Lakhu (petitioner No.2 in Criminal Misc. No.M-31058 of 2010); besides, Criminal Misc. No.M-32671 of 2010 filed by Harvinder Singh is also dismissed. February 28, 2011. (S.S. Saron) Judge *hsp*