Nirmaljit Singh and Another vs State of Punjab

Satish Kumar Mittal, J.—The petitioners apprehending their arrest in a non-bailable offence in case FIR No. 50 dated 9.3.2006 registered under Sections 326/323/324/34 IPC at Police Station Lopoke, District Amritsar, have filed this petition u/s 438 Cr.P.C. for grant of anticipatory bail. I have heard the counsel for the parties.

This order may be read in continuation of the earlier order dated May 11, 2006.

In this case petitioner No. 1 is alleged to have caused the grievous injury to the complainant which falls u/s 326 IPC. I have perused the M.L.R. of the complainant. As per the prosecution version, injury No. 1 was subsequently declared as grievous. Keeping in view the nature of the injuries which have been attributed to petitioner No. 1, I am not inclined to confirm the interim anticipatory bail passed vide order dated May 11, 2006 merely on the ground that the said petitioner has joined the investigation. Therefore, qua petitioner No. 1, this petition for anticipatory bail is dismissed.

As far as petitioner No. 2, who is alleged to have caused simple injury and the fact that in terms of the interim order dated May 11, 2006, the said petitioner has joined the investigation, the same is made absolute only qua petitioner No. 2 on the same terms and conditions. This bail order shall remain in operation till the investigation culminates into filing of challan u/s 173 Cr.P.C. except for material change in the circumstances. Thereafter he shall be entitled to the grant of regular bail by the trial Court and the same shall further continue till conclusion of the trial on the conditions to be imposed by the court of competent jurisdiction.

Disposed of.