Amrit Lal Goyal and another vs State of Punjab

B.S. Yadav, J.

Heard.

This is an application for anticipatory bail filed by Amrit Lal Goyal and Charanjit Pehlwan.

Section 439A was added to the Code of Criminal Procedure, 1973 as applicable in Punjab, by the Code of Criminal Procedure (Punjab Amendment) Ordinance, 1983 (Punjab Ordinance No. 3 of 1983). In view of that section, a person can be granted bail or anticipatory bail in respect of the offences mentioned in clause (a) of that section, only if the following grounds exist :

(i) that the Court including the High Court or the Court of Sessions for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a);

(ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person;

(iii) that the Court including the High Court or the Court of Sessions, for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail."

Section 307 is one of the offences which find mention in clause (a) of the newly added section. Charanjit Pehlwal is stated to have fired with a gun, injuring Nasar Hussain. The pellets hit the latters neck, chest and left arm, armpit and left hand. Therefore, prima facie an offence under section 307 of the Indian Penal Code is made out against Charanjit Pehlwan. In view of the above newly added provision, a direction under section 438 of the Code of Criminal Procedure, 1973 cannot be issued in respect of the said accused.

However, the case of Amrit Lal Goyal stands upon different footing. He is said to have thrown a brick which hit on the back of the right hand of the said Nasar Hussain. That blow caused a simple injury to Nasar Hussein. Prima facie there are no circumstances to show that Amrit Lal Goyal shared the intention of Charanjit Pehlwan. There is also nothing on the record to show that he shared the common object of other persons who are said to have fired at others from the house where Amrit Lal Goyal was also present.

Hence, considering the above circumstances, the present application, so far as Charanjit Pehlwan is concerned, is dismissed, but qua Amrit Lal Goyal, a direction is issued that in the event of his arrest he be released on bail, on his furnishing a bond in the sum of Rs. 5,000 with one surety in the like amount, to the satisfaction of the Police Officer arresting him. He i, however, directed to join the investigation as and when called upon to do so.

JUDGMENT accordingly.