Balraj Singh and Others vs State of Punjab

Alok Singh, J.—This is an application seeking anticipatory bail in case FIR No. 20 dated 4.4.2011 under Sections 324/323/427/506/148/149 IPC (Sections 326/307 IPC), Police Station Kahnuwan, District Gurdaspur.

Learned Counsel for the Petitioners states that earlier FIR in question was registered for offences punishable under Sections 324/323/427/506/148/149 IPC. Petitioners were enlarged on bail since all the offences were bail able. He has further stated that now during the investigation, police has added Sections 326/307 IPC against the Petitioners, therefore, Petitioners are seeking anticipatory bail since non-bail able offences are added against the Petitioners.

Mr. Vipin Mahajan, learned Counsel appearing for the complainant, has vehemently opposed the bail application stating that although injured were grievously hurt and were admitted in the hospital with the grievous injuries, but to help the accused initially police has registered FIR for bail able offences. He has further stated that since from the very inception case was under Sections 326/307 IPC, therefore, Petitioners are not entitled for anticipatory bail.

Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, on instructions from SI Darshan Singh, who is personally present in the Court, has stated that offences under Sections 326/307 IPC were added later on during the investigation against the Petitioners.

Petitioners have made serious allegations against Malook Singh - injured. Learned Counsel for the Petitioners has stated that Malook Singh - injured is able to get Sections 326/307 IPC added against them with the help of the police.

In the opinion of this Court, Petitioners have earlier joined the investigation and Sections 326/307 IPC were added later on, therefore, Petitioners are entitled for anticipatory bail.

Present petition is allowed. Petitioners are directed to join the investigation on or before 4.6.2011. On their joining the investigation, Petitioners shall be released on bail by the Investigating Officer/Arresting Officer on furnishing personal bond and two surety bonds each of Rs. 20,000/- subject to the following conditions:

i) that they shall make themselves available for interrogation by a police officer as and when required;

ii) that they shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

iii) that they shall not leave India without the previous permission of the Court.

It is made clear that in the event of violation of any of the conditions, prosecution shall be at liberty to move for cancellation of the bail.