Jasvir Singh and Others vs State of Punjab

Ram Chand Gupta, J.

CRM No. 40097 of 2010

Application is allowed subject to all just exceptions.

Main

The present petition has been filed for anticipatory bail u/s 438 of Code of Criminal Procedure in FIR No. 21 dated 08.07.2010, under Sections 323/324/506/326/148/149 IPC, registered at Police Station Pojewal, District S.B.S. Nagar.

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

Coordinate Bench of this Court while issuing notice of motion on 06.08.2010 passed the following order:

This petition u/s 438 Cr.P.C. for the grant of anticipatory bail in case FIR No. 21 dated 8.7.2010, under Sections 148, 323, 324, 506, and 326 read with Section 149 of the Indian Penal Code, Police Station has been filed by the accused-petitioners.

The Counsel for the petitioners has submitted that the petitioners were empty handed and the allegations against them are to the effect that they threw brick bats at the injured. He has further submitted that there are two injured i.e. Harbans Singh, who suffered three injuries and Lakhbir Singh, who suffered four injuries. He has further submitted that the injury on the little finger, which has been attributed to the co-accused (non-applicant) was declared grievous, falling within the ambit of offence punishable u/s 326 IPC. He has further submitted that on the side of the petitioners there are eight injured and a cross case has been registered.

Notice of motion for 30.8.2010.

In the meanwhile, in the event of arrest, the accused-petitioners shall be released on interim anticipatory bail, by the Arresting Officer, on his furnishing the bail bonds, in the adequate sum, to his satisfaction and subject to the compliance of the provisions of Section 438(2) Cr.P.C.

It has been stated by learned Counsel for the petitioners that they have already joined the investigation pursuant to said order dated 06.08.2010.

It has also been stated by learned Counsel for the State that petitioners have joined the investigation and that they are no more required for any custodial interrogation.

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

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 Jasvir Singh, Pritam Chand and Joginder Singh, is accepted and order dated 06.08.2010 granting interim bail in favour of the petitioners is, hereby, made absolute subject to compliance of conditions specified u/s 438(2) Cr.P.C.

The present petition stands disposed of accordingly.