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Bodh Raj @ Bodha @ Vinod vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 3 April 2012 · Citation: (2012) 04 P&H CK 0064

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 319, 438 · Penal Code, 1860 (IPC) — Section 148, 149, 307, 326
CASE NUMBER
Criminal Miscellaneous No. M-8490 of 2012
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Judgment

3 paragraphs · 238 words

Rajan Gupta, J.—This is a petition u/s 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under Sections 307/326/148/149 IPC, vide FIR No. 29 dated 29.4.2009 at Police Station Division No.1, Panchkula, wherein petitioner has been summoned in exercise of power u/s 319 Cr.P.C. as additional accused. Learned counsel for the petitioner submits that petitioner was found innocent during investigation. However, on the basis of statement of injured-Sunny, he has been summoned by the trial court. He submits that petitioner is ready to surrender before the trial court and face trial.

2.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioner are serious and the injured Sunny has attributed specific role to him.

3.

Keeping in view the fact that petitioner has been summoned as additional accused in exercise of power u/s 319 Cr.P.C. and is ready to surrender before the court below and face trial, I am of the considered view that he deserves the concession of pre-arrest bail. In case petitioner surrenders before the trial court within a week from today, he shall be admitted to bail, subject to such terms and conditions as the court may deem fit to impose as well as provisions of Section 438 (2) Cr.P.C. In the event of the petitioner failure to appear before the trial court, the investigating agency shall be at liberty to arrest him. Disposed of.