AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
21 paragraphs · 383 wordsGurvinder Singh Gill, J
The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.89 dated 16.4.2020 at Police
Station Kathunangal, District Amritsar under Sections 323, 324, 188, 148, 149, 506 of Indian Penal Code, 1860, wherein offence under Section 326
IPC was added lateron.
At the time of issuance of notice of motion on 27.7.2020 the following order was passed:
“Learned counsel for the petitioner submits that as per FIR, two grievous injuries were inflicted upon the complainant i.e. one with the help of
‘Kirpan’ by the petitioner on the face of the complainant and another grievous injury on the nose of the complainant which is attributed to the
coaccused Malkit Singh. Learned counsel for the petitioner has submitted that co-accused Malkit Singh has already been granted concession of
anticipatory bail vide order dated 8.7.2020 passed in CRM-M-13853-2020 and in these circumstances, the petitioner also deserves concession of
anticipatory bail on the ground of parity.
Notice of motion for 9.12.2020.
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€
The learned State counsel, upon instructions from SI Harparkash Singh, has informed that pursuant to interim directions issued by this Court, the
petitioner has since joined investigation and that infact it is a case of cross-version where Malkit Singh had also sustained injuries.
Having regard to the facts and circumstances of the case especially that it is a case of cross-version, where it would be debatable as to which of
the party is the aggressor and keeping in view the fact that the petitioner has since joined investigation, the petition is accepted and the interim
directions issued by this Court vide order dated 27.7.2020 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.
