Jaswant Singh vs State of Punjab

The application is allowed. Documents Annexures R-1 and R-2 are taken on record.

Prayer in the present petition filed under Section 438 of the Code of Criminal Procedure, 1973 is for grant of anticipatory bail to the petitioner in case

FIR No.45 dated 20.03.2017 under Sections 307/120-B IPC and Section 302 IPC (added later on) registered at Police Station City Faridkot.

Learned counsel for the petitioner has argued that the complainant Iqbal Singh while appearing as PW-2 has improved his version and named the

petitioner as an accused. In the initial version, which was recorded in the FIR at the behest of the complainant, he had stated that the injuries were

caused to the deceased by an unidentified person.

On the other hand, learned counsel for the complainant has argued that the version of the complainant has not rightly been appreciated by the police.

Rather, the motorcycle has been recovered from the house of Gurmail Singh, the main accused.

Having heard learned counsel for the parties and considering the fact that in the initial version of the complainant, the name of the petitioner does not

figure and during the course of investigation, the police has found him innocent and thus, involvement of the petitioner is yet to be established during

the course of trial.

Therefore, in case the petitioner appears before the trial Court, as he has been summoned under Section 319 CrPC, he shall be admitted on bail,

however, subject to furnishing of his bail bonds/surety bonds to the satisfaction of the trial Court.

The present petition is disposed of.