Cr.Misc. M 18713 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 18713 of 2011 Date of decision: 13.7.2011 Sukhdev Singh and Ors petitioner vs State of Punjab respondent Present:- Ms. Gk Hundal, Advocate for Mr. Malkiat Singh, Advocate Mr. Arshvinder Singh, Addl.A.G.Pb Mr. Ashish Aggarwal, Advocate M.M.S.BEDI, J. The petitioners seek the concession of pre-arrest bail in a case registered at the instance of Jagwinder Singh complainant alleging that on 12.5.2011 petitioner No.1 accompanied by petitioner No.2 had assaulted the complainant. Petitioner No.1 is alleged to have given an iron rod blow on the head of the complainant whereas petitioner No.2 is attributed a datar blow on the head of the complainant, resulting in a grievous injury with a sharp edged weapon on the left side of the head of the complainant. Learned counsel for the petitioner has vehemently contended that there is an unexplained delay of six days in lodging of the FIR. Offence u/s 326 IPC was added 15 days after the registration of the FIR. It is claimed that the petitioners have been falsely implicated in the case without attributing any motive to the petitioner. The petition for pre-arrest has been opposed by the learned State counsel and counsel for the complainant bringing it to the notice of Cr.Misc. M 18713 of 2011 2 the court the medical report indicating that the complainant had suffered a fracture of the left parietal bone. The grievous injury has been attributed to petitioner No.2 Lovepreet Singh. In view of the specific grievous injury having been attributed to petitioner No.2, which is substantiated by the medico legal report and other medical evidence available on the record, petitioner No.2 cannot be granted the concession of pre-arrest bail. The injury attributed to petitioner No.1 is a simple injury and is only described as complaint of pain as per MLR. Petitioner No.1, in such circumstances, can be granted the concession of pre-arrest bail. The petition qua Sukhdev Singh petitioner No.1 is allowed and it is ordered that in case of arrest of the petitioner No.1, he will be released on bail to the satisfaction of the arresting officer subject to the condition that he will join the investigation as and when required by the police and will not tamper with evidence or hamper the investigation. So far as petitioner No.2 Lovepreet Singh is concerned, in view of the specific injury having been attributed to him, no ground is made out to grant him the concession of pre-arrest bail. Petition on behalf of petitioner No.2 is dismissed. September 13 , 2011 (M.M.S.BEDI ) TSM JUDGE