Inderjit Singh vs State of Punjab and another

Hon''ble Mr. Justice Rakesh Kumar Jain 1. This is a petition for grant of pre-arrest bail to the petitioner in a case registered vide FIR No. 8 dated 10.02.2003, under Sections 307, 326, 324, 323, 506, 148, 149 of IPC at Police Station Bhogpur, District Jalandhar.

The FIR is registered at the instance of Mohinder Singh/respondent No. 2. Out of total 11 accused, 9 had faced the trial as the petitioner and one Billa, both sons of Joginder Singh, were declared proclaimed offenders. All the 9 accused, who had faced trial, have already been acquitted by the Court of Judicial Magistrate 1st Class, Jalandhar vide his order dated 01.03.2011. The petitioner, who lives in Italy, when came to India moved an application for anticipatory bail which was dismissed by the learned Additional Sessions Judge, Jalandhar on 30.08.2011.

In the present bail application, on the oral request of Learned Counsel for the petitioner, Mohinder Singh was impleaded as respondent No. 2 and notice was issued to him. Pursuant to the said notice, Mohinder Singh appeared in the Court and is identified by Shri Vikas Lohchhab, Advocate as well as HC Krishan Lal.

I have asked respondent No. 2 Mohinder Singh in the Court about the compromise to which he has submitted that the compromise has been effected between the parties with his own free will.

After hearing both the Learned Counsel for the parties and keeping in view the facts and circumstances of the case, the present petition is allowed. The petitioner is directed to join the investigation and in the event of his arrest, he shall be released on bail by the Investigating Officer on his furnishing bail bonds to his satisfaction. He shall also be abide by the terms and conditions contained in Section 438(2) of the Code of Criminal Procedure, 1908.