Criminal Misc.-M No. 31042 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 31042 of 2011 (O&M) Date of decision: 20.10.2011 Kulwinder Singh .. Petitioner Vs. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. V. B. Aggarwal, Advocate for the petitioner. Mr. G. S. Chahal, Addl. Advocate General, Haryana. ... 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 it was a case of sudden fight where the boys were playing cricket in a ground. It is alleged that the petitioner had hit the injured with a bat on his head on account of which he suffered injury. Initially, a DDR was recorded. Subsequently, on the basis of opinion of the doctor and considering the CT scan report, offence under Section 325 IPC was added and the FIR was registered. The petitioner was arrested, produced before the court and was released on bail. However, later on, offence under Section 308 IPC was added. Considering the fact that it is a case of single assault and there being no previous enmity and intention to cause injury, the petitioner be granted concession of pre-arrest bail. Learned counsel for the State submitted that the injury on the person of the injured having been found to be grievous in nature in the opinion of the doctor of CHC, Sadhaura, offence was converted into under Criminal Misc.-M No. 31042 of 2011 [2] Section 308 IPC. The fact that the FIR was registered initially under Section 325 IPC after receipt of the CT scan report and the opinion of the government medical officer is not in dispute. After hearing learned counsel for the parties and considering the submissions made above, where firstly the petitioner was earlier arrested and released on bail by the court and secondly when the FIR was initially registered, CT scan report and the opinion of the government doctor was already available and it is a case of sudden fight, in my opinion, the petitioner is not required to be taken into custody for interrogation. He is directed to appear before the Investigating Officer on 2.11.2011 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 20.10.2011 mk