Harminder Singh alias Laala vs State of Punjab

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 323, 324, 447, 511, 427, 506, 148, 149 IPC (Section 326 IPC added lateron) at Police Station Koom Kalan, District Ludhiana, vide FIR No. 37 dated 20th May, 2010.

Learned Counsel for the petitioner submits that the petitioner has already joined the investigation and no purpose will be served by sending him to custody. He further submits that the dispute between the parties is civil in nature and thus, the petitioner is entitled to concession of pre-arrest bail.

Learned State counsel has, however, opposed the prayer for pre-arrest bail on the ground that though the petitioner joined the investigation but he failed to cooperate with the investigating agency. According to him, the petitioner failed to divulge any information or to hand over relevant documents, thereby impeding the investigation. He further submits that due to the injury caused to the complainant, his index finger has been amputated.

I have heard learned Counsel for the parties and given careful thought to the facts of the case.

It appears that serious injury has been caused to the complainant which resulted into amputation of his index finger. The petitioner was initially granted the concession of ad-interim pre-arrest bail by this Court and thereafter though he joined the investigation but failed to cooperate with the investigating agency.

Under the circumstances, I am of the considered opinion that custodial interrogation of the petitioner may be necessary. The present petition is devoid of merit and same is hereby dismissed.