Criminal Misc.-M No. 31798 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 31798 of 2011 (O&M) Date of decision: 3.11.2011 Sukhchain Singh @ Chaina .. Petitioner Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. L. S. Sidhu, Advocate for the petitioner. Mr. G. S. Brar, Assistant Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner. Learned counsel for the petitioner submitted that initially the petitioner surrendered before the Chief Judicial Magistrate and he was released on bail as all the offences were bailable. Two months after the registration of the FIR, offence under Sections 326/307 IPC was added and the petitioner is sought to be arrested. In the FIR, it is alleged that the petitioner was carrying an iron rod. Certain injuries have been attributed to him on leg, shoulder, elbow and back side of the wrist. However, the injuries in the MLR show that these were incised wounds. The petitioner was not carrying any sharp-edged weapon. The opinion of the doctor is also procured one as he stated that the injuries collectively could be dangerous to life without surgical aid. He submitted that medico-legal report was before the court when the petitioner surrendered and was released on bail. The injuries attributed to him were found to be simple on non-vital parts of the body of the injured. Criminal Misc.-M No. 31798 of 2011 [2] On the other hand, learned counsel for the State submitted that considering the opinion of the doctor stating that the injuries collectively could be dangerous to life in case not treated, offence under Sections 326/307 IPC were added, for which the petitioner is sought to be taken into custody. Other accused in the FIR were arrested after addition of offence under Sections 326/307 IPC. They have now been released on regular bail. After hearing learned counsel for the parties and considering the submissions made above, especially that the petitioner was allegedly carrying an iron rod; the injuries attributed are on leg and arm; medico- legal report shows incised wounds and there were other accused named in the FIR, who were allegedly carrying sharp-edged weapons, in my opinion, the petitioner is not required to be taken into custody for interrogation. He is directed to appear before Investigating Officer on 11.11.2011 at 10.00 AM for joining investigation. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 3.11.2011 mk