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Darshan Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 30 August 2010 · Citation: (2010) 08 P&H CK 0193

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438, 438(2) · Penal Code, 1860 (IPC) — Section 323, 324, 326, 34, 506
CASE NUMBER
Criminal Miscellaneous No. M-22910 of 2010 (O and M)
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Judgment

15 paragraphs · 306 words

Ram Chand Gupta, J.

CRM No. 40797 of 2010

1.

Application is allowed subject to all just exceptions.

Main

2.

The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR No. 199 dated 06.06.2010, under Sections 326/324/323/506/34 IPC, registered at Police Station Sadar, Amritsar.

3.

I have heard learned Counsel for the parties and have gone through the whole record.

4.

This Court while issuing notice of motion on 10.08.2010 passed the following order:

Argues that no injury has been attributed to the petitioner, rather injury has been attributed to co-accused Sarabjit Singh and that even lalkara has been attributed to co-accused Amandeep Kaur.

Notice of motion for 30.8.2010.

However, petitioner is directed to join the investigation and in case he is arrested, he 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.

5.

It has been stated by learned Counsel for the petitioner that he has already joined the investigation pursuant to said order dated 10.08.2010.

6.

It has also been stated by learned Counsel for the State that petitioner has joined the investigation and that he is no more required for any custodial interrogation.

7.

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

8.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the anticipatory bail application filed on behalf of Darshan Singh, is accepted and order dated 10.08.2010 granting interim bail in favour of the petitioner is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr.P.C.

9.

The present petition stands disposed of accordingly.