Jaswinder Singh vs State of Punjab

Jaswant Singh, J.—Prayer u/s 438 Code of Criminal Procedure is for grant of anticipatory/pre arrest on behalf of accused-Jaswinder Singh @ Johny in case FIR No. 114 dated 11.9.2010 under Sections 307/324/323/380/450/148/149 IPC, P.S Mahilpur, District Hoshiarpur.

As per allegations in the FIR lodged by injured Sandip Kumar on 11.9.2010 he was sitting in his shop at around 1.00 p.m, when Ashish Kumar armed with gandasi along with 5/6 youths on motorcycles armed with baseball bats and kirpan came to his shop. Ashish Kumar is alleged to have given gandasi blow on the head of the injured Sandip Singh, which has been declared dangerous to life. The Petitioner is alleged to be one of the un-identified boys and as per the prosecution allegations, Petitioner was armed with a danda and is alleged to have given a blow on the elbow of the complainant Sandip, which has been opined to be simple in nature.

Learned Counsel submits that the Petitioner is a student and has been falsely implicated and even otherwise the injury attributed to him is simple in nature and on non-vital part.

Learned state counsel, on instructions from HC Sukhdev Singh, concedes that the injury attributed to the Petitioner is simple in nature. He further states that the Petitioner has joined investigation and his custodial interrogation is no longer required.

In view of the above, interim protection/bail granted vide order dated 3.12.2010 is made absolute.

Petition stands disposed of.