Crl. Misc. No.M-29238 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: December 19, 2011. (1) Crl. Misc. No.M-29238 of 2011. Nirvail Singh .. Petitioners VERSUS State of Punjab. .. Respondent * * * (2) Crl. Misc. No.M-30239 of 2011. Sital Singh and another .. Petitioners VERSUS State of Punjab. .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Ms.Sukhpreet Kaur, Advocate, for the petitioners in both the petitions. Mr.K.S.Sidhu, DAG., Punjab. M.M.S.BEDI, J (ORAL). This order will dispose of the above noted two petitions i.e., Crl. Misc. No.M-29238 of 2011 filed by Nirvail Singh and Crl. Misc. No.M-30239 of 2011, filed by Sital Singh and Gurlal . . . 1 Crl. Misc. No.M-29238 of 2011 Singh, for the grant of pre-arrest bail in a case which was registered at the instanceof Mukhtiar Singh alleging that on 31.7.2011, he was waylaid by Sital Singh, Gurlal Singh and Nirvail Singh. So far as petitioner Sital Singh is concerned, he is attributed a gandasi blow on the left arm and elbow of complainant Mukhtiar Singh. Gurlal Singh has been attributed a datar blow on the person of complainant hitting him on left arm. Both the petitioners have been attributed grievous injuries. So far as Nirvail Singh, is concerned, he has been attributed a lalkara only. The case of the prosecution is that when alarm was raised by Mukhtiar Singh, his sons Sarabjit Singh and Hardip Singh came present. Counsel for the petitioners has submitted that in view of eight injuries received by Sital Singh petitioner at the hands of complainant party, it is apparent that both the parties had received injuries. It will have to be decided during trial as to which of the parties were aggressor. I have considered the role played by each of the petitioners. Petitioner Nirvail Singh who has been attributed only lalkara can be granted the concession of pre-arrest bail. So far as petitioners Sital Singh and Gurlal Singh are concerned, they have been attributed grievous injuries with sharp edged weapons i.e., gandasi and datar. No doubt the cross-version has been registered at . . . 2 Crl. Misc. No.M-29238 of 2011 the instance of Sital Singh, petitioner, but it will be debatable during trial, whether injuries on the person of Sital Singh are actually grievous. In view of specific injuries having been attributed to petitioners Sital Singh and Gurlal Singh, no ground is made out for the grant of pre-arrest bail to them. Petition for the grant of pre-arrest bail qua Sital Singh and Gurlal Singh is dismissed whereas the petition for the grant of pre-arrest bail to petitioner Nirvail Singh is allowed. It is ordered that in case of arrest of petitioner Nirvail Singh, he shall be released on bail to the satisfaction of arresting officer subject to the conditions that he will join the investigation as and when required by the police and will not tamper with the evidence or hamper the investigation, in any manner. Disposed of. (M.M.S.BEDI) JUDGE December 19, 2011. rka . . . 3