High CourtsSingle Bench

Gurpinder Singh @ Gurbhinder Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 10 December 2020 · Citation: (2020) 12 P&H CK 0169

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307 · Arms Act, 1959 — Section 25, 27 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 21980 Of 2020
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Judgment

19 paragraphs · 356 words

Gurvinder Singh Gill, J

1.

The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.61 dated 06.04.2020 at

Police Station Lopoke, District Amritsar, under Sections 307, 34 IPC and Sections 25 & 27 of the Arms Act.

2.

At the time of issuance of notice of motion on 07.08.2020, this Court passed the following order:

“The allegation against the petitioner is that he had raised a 'lalkara' pursuant to which his co-accused Jaswinder Singh @ Sonu fired four shots at

the complainant.

The learned counsel for the petitioner contends that he is not attributed any injury and is just alleged to have raised a 'lalkara' and that, in any case, the

matter has now amicably resolved amongst the parties.

Notice of motion for 10.12.2020.

Meanwhile, in the event of arrest, the petitioner be released on interim bail subject to his furnishing personal bonds and surety bonds to the satisfaction

of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and cooperate with the

Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.â€​

3.

Learned State counsel upon instructions from SI Hardev Singh has informed that the petitioner has joined investigation and is not required for any

custodial interrogation. It has not been disputed that the petitioner is attributed a ‘lalkara’ only as per the FIR.

4.

Having regard to the facts and circumstances of the case especially that the petitioner is attributed a ‘lalkara’ only and has also joined the

investigation and is not required for any custodial interrogation, the petition is accepted and the interim directions issued by this Court vide order dated

07.08.2020 are hereby made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate

with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

5.

It is clarified that the aforesaid order shall ensure the offences punishable under Sections 25 & 27 of the Arms Act as well.