In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 6495 of 2009 Date of Decision:April 27, 2009 Baljit Singh alias Bittu ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Atul Lakhanpal, Senior Advocate with Mr. R.S.Chahar, Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Baljit Singh alias Bittu has filed this petition under Section 438 of the Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.”) seeking pre-arrest bail in FIR No. 214 dated 27.11.2008 under Sections 302, 326, 324, 323,34 of the Indian Penal Code registered at Police Station Amloh, District Fatehgarh Sahib. Occurrence in this case had taken place on 27.11.2008. The allegation against the petitioner is that he had inflicted blow from the sharp side of the Kulhari on the person of Sudesh @ Gora Havildar on his head. Sudesh @ Gora Havildar ultimately succumbed to his injuries on 28.12.2008. As per the post mortem report the cause of death of Sudesh @ Crl. Misc. No. M- 6495 of 2009 -2- Gora Havildar was due to head injury. Learned counsel for the petitioner has submitted that it is a case of cross version. In fact, Sudesh @ Gora Havildar-deceased had died due to cirrhosis of liver. In the present case as per the post mortem report death of Sudesh @ Gora Havildar had occurred due to head injury. Injury on his head had been allegedly inflicted by Baljit Singh with a kulhari. The effect of delay in lodging the FIR of the cross version would more appropriately be gone into during trial. Custodial interrogation of the petitioner might be necessary. Keeping in view the seriousness of the offence alleged to have been committed by the petitioner this petition is dismissed. (SABINA) JUDGE April 27, 2009 PARAMJIT