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Judgment
30 paragraphs · 287 wordsThe petitioners are seeking anticipatory bail in FIR
No.23 dated 08.02.2017 under Sections 452 / 427 / 440 /
506 / 347 / 378 / 380 / 382 / 390 / 391 / 395 / 350 / 356 / 34 / 148 / 149 / 120-B
IPC registered at Police Station Bhawanigarh.
Learned counsel for the petitioners are masons and as
per allegations in the FIR, there is a dispute about the boundary
wall with the complainant and accused Des Raj and Balwant
Singh. The petitioners, who are masons, are stated to have
carried out construction of the boundary wall at the behest of
accused Des Raj and Balwant Singh. He further contends that the
petitioners were earlier granted anticipatory bail, but due to
illiteracy they could not understand the order and failed to make
themselves available before the Investigating Officer. He further
undertakes that petitioners will make themselves available to the
Investigating Officer, as and when required.
This Court, by the order dated 08.08.2017, had
directed the petitioners to join investigation and in the event of
their arrest, they were ordered to be released on ad-interim bail
to the satisfaction of Arresting/Investigating Officer, subject to
the conditions envisaged under Section 438(2) Cr.P.C.
Learned State counsel, upon instructions from ASI
Gurmeet Singh, states that in pursuance to the order dated
08.08.2017, the petitioners have joined investigation and are
not required for custodial interrogation.
In view of the above and without expressing any
opinion on the merits of case, the order dated 08.08.2017,
granting ad-interim bail to the petitioners, is hereby made
absolute. However, the petitioners shall abide by the conditions
envisaged under Section 438(2) Cr.P.C.
The petition stands disposed of accordingly.