BALKAR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.