Maninder Singh vs State of Punjab

S.S. Saron, J.—Heard counsel for the parties.

The Petitioner seeks pre-arrest bail in a case registered against him for the offences u/s 324, 323 and 34 IPC; besides, Section 326 IPC, which was added later, at Police Station Dinanagar Tehsil and District Gurdaspur.

The FIR in the case is registered on the statement of Harbans Singh, who has alleged that on 25.07.2010 at about 11.00 a.m., he was coming from his house towards Dinanagar City so as to see his house that had been newly constructed. The complainant-Harbans Singh was followed by Maninder Singh (Petitioner) armed with datar as also Manjit Singh, Sona and Mehar Singh, who were empty handed. The said three persons caught hold of the complainant while Maninder Singh (Petitioner) inflicted injuries on the elbow of the right arm of the complainant with datar that he was carrying. The other accused namely Manjit Singh gave a fist blow, which hit on the left side of the chest of the complainant.

The other three accused Manjit Singh, Sona and Mehar Singh were granted pre-arrest bail by the learned Additional Sessions Judge, Gurdaspur vide order dated 10.08.2010. The said order has since been confirmed by the learned Additional Sessions Judge, Gurdaspur.

According to the learned Counsel for the Petitioner, the Petitioner himself was attacked by the complainant side and was mercilessly beaten by the complainant side who were armed with iron rods. The arm of the Petitioner was fractured and he remained hospitalized for 20 days where his statement was recorded on 27.07.2010. The Petitioner himself suffered multiple injuries as a result of assault by the complainant side and his companions. There are four injuries on the person of the Petitioner and the injury No. 1 was declared grievous in nature. On the complaint of the Petitioner, the offence u/s 325 IPC has been added in the cross-version which is recorded on the statement of the Petitioner. The Petitioner himself has been attributed a datar blow on the elbow of the right arm of the complainant-Harbans Singh. However, keeping in view, the injuries that he suffered and it is a case of cross-version, it would be just and expedient to confirm the interim bail that was granted on 04.10.2010. This is moreso for the reason that learned Counsel for the State on instructions from H.C. Kashmir Singh, Police Station Dinanagar, District Gurdaspur, has submitted that the custody of the Petitioner is not required for the purposes of investigation.

In the circumstances, the interim bail granted on 04.10.2010 is made absolute.

The criminal miscellaneous petition is accordingly disposed of.