Chander Bhushan and Others vs State of Punjab

Ram Chand Gupta, J.—This order will dispose of both the aforementioned petitions filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR no. 110 dated 15.07.2013, under Sections 323 /324 /326 /148 /149 IPC, registered at police station Maqsudan, Jalandhar. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Jalandhar dismissing bail applications filed on behalf of the petitioners.

This Court while issuing notice of motion on 31.07.2013 passed the following order in Crl. Misc. No. M-24647 of 2013:-

Crl. M. No. 34695 of 2013

Application is allowed subject to all just exceptions.

Crl. M. No. M-24647 of 2013

Contends that it is a case of version and cross-version and no specific injury has been attributed to present petitioner. It is also contended that there is 12 days delay in lodging the present FIR and that the injury regarding which offence u/s 326 IPC has been added is on the little finger of right hand.

Notice of motion to Advocate General, Punjab, for 26.8.2013.

However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

This Court while issuing notice of motion on 13.08.2013 passed the following order in Crl. Misc. No. M-25778 of 2013:

Crl.M. No. 35699 of 2013

Application is allowed subject to all just exceptions.

Crl.M. No. M-25778 of 2013

Contends that it is case of version and cross-version and that no specific injury has been attributed to any of the petitioners. It is also contended that there is delay of 12 days in lodging the FIR and injury regarding which offence u/s 326 IPC has been added is on the little finger of the right hand. Further submitted that on similar facts co-accused Chander Bhushan and others have already been granted anticipatory bail by this Court.

Notice of motion to Advocate General, Punjab, for 26.8.2013.

However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified u/s 438(2) Cr.P.C.

To be heard alongwith Crl.M. No. M-24647 of 2013.

It has been contended by learned counsel for the petitioners that they have already joined the investigation pursuant to said orders dated 31.07.2013 and 13.08.2013.

It has also been stated by learned counsel for the State, on instruction from ASI Sulakhan Singh, that petitioners have joined the investigation and that they are no more required for any custodial interrogation. Bail applications are not opposed.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, in view of these facts and without expressing any opinion on the merits of the case, both the anticipatory bail applications filed on behalf of Chander Bhushan, Kamaljit, Atma Singh, Gurdip Singh, Bakshish Singh, Kamaljit Singh, Daljit Singh, Mukhtiar Singh and Gurbachan Singh are accepted and orders dated 31.07.2013 and 13.08.2013 granting interim bail in favour of the petitioners are, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr.P.C. Both the petitions stand disposed of accordingly.