High CourtsSingle Bench

Lakhwinder Singh vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 1 March 2021 · Citation: (2021) 03 P&H CK 0010

HON’BLE JUDGES
Raj Mohan Singh, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 34, 120B, 307, 324, 325, 326
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 41166 Of 2020(O&M)
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Judgment

17 paragraphs · 308 words

Raj Mohan Singh, J

Petitioner seeks grant of anticipatory bail under Section 438 Cr.P.C in case bearing FIR No.121 dated 18.09.2020 registered under Sections 307, 324,

34, 120-B IPC (later on offence under Section 307 IPC was deleted and offence under Sections 325, 326 IPC were added) at Police Station Bariwala,

District Shri Muktsar Sahib.

At the time of issuance of notice of motion on 10.12.2020, arrest of the petitioner was stayed. Thereafter, vide order dated 06.01.2021, the petitioner

was directed to appear before the SHO/Investigating Officer on 10.01.2021 and in the event of his arrest, he was to be enlarged on interim bail to the

satisfaction of the Arresting Officer.

Learned counsel for the petitioner submits that initially, the FIR was registered for the offences under Sections 307, 324, 34, 120-B IPC, but later on,

offence under Section 307 IPC was deleted and offences in terms of Sections 325 and 326 IPC were added vide GD No.40 dated 17.11.2020.

Petitioner was shown to be armed with kulhari and he allegedly gave blow to the complainant when he was in semi conscious condition. The

complainant raised his arm and the kulhari blow landed on his index and adjoining finger, resulting in cut in the fingers. The motive is alleged to be of 1

½ years old when the co-accused and the petitioner used to chase the girls of the school.

Learned State counsel on instructions from ASI Balwinder Singh submits that the petitioner has joined the investigation to the entire satisfaction of the

Investigating Officer and he is not required for any further investigation in the case.

In view of above, order dated 06.01.2021 is made absolute. However, petitioner shall keep on joining the investigation as and when required to do so

and shall abide by the conditions as envisaged under Section 438(2) Cr.P.C.

Petition stands disposed of.