Balkar Singh and another vs State of Punjab

M.M.S. Bedi, J.—The petitioners seek concession of pre arrest bail in a case registered at the instance of Lakhwinder Singh complainant alleging that when he was present in his house on 26.8.2011, he was attacked by the petitioners. Petitioner No.1 inflicted an injury with Kirpan. Whereas, petitioner No.2 inflicted an injury with reverse side of gandasi. The injury attributed to petitioner No.1 has been declared grievous.

Learned counsel for the petitioners submits that injuries on the person of petitioner No.1 have not been explained in the FIR or otherwise. There is delay of 26 days in lodging of the FIR.

The complainant in the present case has received a grievous injury on the back of his left forearm. Whereas a copy of the MLR of petitioner No.1 Balkar Singh reflects that he had suffered an incised wound on his parietal region with a sharp edge weapon.

Taking into consideration the fact that both the parties have received grievous injuries, it will be debatable during trial as to which one of the parties were aggressor. Delay of 26 days in lodging of the FIR also requires to be explained by the prosecution and the complainant.

On the asking of the Court, Mr. P.S. Bajwa, D.A.G. Punjab, learned counsel for the State on instructions from SI Shiv Nath informs that the petitioners have joined the investigation.

In view of the said circumstances, the petition is allowed. It is ordered that in case of arrest of the petitioners, they will be released on interim bail to the satisfaction of Investigating Officer subject to the condition that the petitioners will not commit similar offence of which they are accused of during the pendency of the trial. This order will remain operative till the filing of the challan. In the event of presentation of challan, the petitioners would be required to furnish bail bonds to the Court concerned.