Malkiat Singh vs State of Punjab

Alok Singh, J.—This is an application seeking anticipatory bail in case FIR No. 10 dated 1.2.2011 under Sections 452/427/506/323/34 IPC, Police Station Ghall Khurd, District Ferozepur.

Learned Counsel for the Petitioner states that at the time of filing of the present petition, FIR was under Sections 452/427/506/323/34 IPC. He has further stated that this Court vide order dated 6.4.2011 has granted interim anticipatory bail to the Petitioner. He has further stated that Petitioner has joined the investigation in compliance of order dated 6.4.2011 and has already been enlarged on bail by the Investigating Officer. Learned Counsel further states that during the investigation he came to know that now prosecution agency has also added Section 308 IPC against the Petitioner in the present FIR. He states that, therefore, this petition be considered u/s 308 IPC as well.

Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, on instructions from HC Ravi Pal, who is personally present in Court, states that Petitioner has joined the investigation and during the investigation Section 308 IPC was added. She has further stated that custodial interrogation of the Petitioner is not required.

As such present petition be also treated u/s 308 IPC.

Mr. Jatinder Pal Singh, learned Counsel appearing for the complainant has vehemently opposed the bail application.

Considering totality of the facts and circumstances of the case, petition is allowed. Order dated 6.4.2011 is made absolute.