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Judgment
18 paragraphs · 282 wordsAvneesh Jhingan, J
The matter is taken up for hearing through video conference due to Covid-19 situation.
This is a petition under Section 438 of Cr.P.C. seeking pre-arrest bail in FIR No.176, dated 22.11.2020, under Sections 323, 324, 341, 506, 148 and 149
of IPC, 1860, registered at Police Station Machhiwara Sahib, Khanna, District Ludhiana, Punjab.
Learned counsel for the petitioners submits that it is a case of cross-version. Only the injury attributed to Davinder Singh has been declared grievous.
The injuries attributed by the petitioners are simple in nature. Accused were allegedly armed with dangs.
Learned counsel for the petitioners submits that no recovery is to be made and custodial interrogation is not required.
Notice of motion.
Mr. Amit Mehta, Sr. DAG, Punjab appears on behalf of the State.
Learned counsel for State on instructions from ASI Vipan Kumar is not in a position to dispute the fact that the injuries attributed by the petitioner are
simple in nature.
Considering the fact and nature of injuries attributed to them, the petitioner are granted pre-arrest bail subject to their joining investigation within 10
days from today.
In case the petitioners are arrested, they shall be released on bail on their furnishing adequate bail/surety bonds to the satisfaction of
Arresting/Investigating Officer. The petitioners shall join the investigation as and when called for. They shall also abide by the conditions as envisaged
under Section 438 (2) of Cr.P.C.
In case the petitioners fails to join the investigation within stipulated time, the State shall be at liberty to move an application for recalling of this order.
It is made clear that anything observed hereinabove is only for the purpose of disposal of this petition only.