Piara Lal and Others vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—This Court on 14.2.2012 had passed the following order:

The present petition has been filed u/s 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in case arising out of FIR No. 204 dated 29.10.2011, registered at Police Station Dinangar, District Gurdaspur, under Sections 452, 324, 323, 427, 148 and 149 IPC. Lateron, offence u/s 326 IPC was added.

Learned counsel for the petitioners contends that petitioner No. 1-Piara Lal is alleged to have only raised a lalkara and no overt role has been assigned to him. Further submits that petitioner No. 2-Bakshish Singh is stated to be present at the spot and he has also not played any overt role in the occurrence. Further contends that petitioner No. 3-Sahil Kumar was armed with a hockey and gave an injury on the elbow of right arm of Yunus Masih, which has been declared as simple in nature. Petitioner No. 4-Narinder alias Nindi was armed with a dattar and has caused injury with its reverse side on the left eye of Yunus Masih. This injury has also been declared as simple in nature. Petitioner No. 5-Bhupinder Saini alias Bopinder is stated to have caused an injury with kirpan on the little finger of left hand of Yunus Masih, which has also been declared as simple in nature. Leaned counsel further submits that on the side of accused, Shekhar Chander had suffered six injuries and on his statement cross-version (Annexure P2/T) has been registered. Learned counsel further submits that it will be determined during the course of trial as to which party was the aggressor.

Issue notice of motion to Advocate General, Punjab, for 5.3.2012.

Meanwhile, in the event of arrest, the petitioners shall be admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioners shall, however, join the investigation as and when called for and they will also abide by the conditions as specified u/s 438(2) Cr.P.C.

Counsel for the petitioners at the outset has stated that during the pendency of the present petition, injuries attributed to petitioners No. 4 and 5 have been declared grievous, therefore, he may be permitted to withdraw the present petition on their behalf.

As prayed, the present petition is dismissed as withdrawn qua petitioners No. 4 and 5. However, it is ordered that in case, they surrender before the trial Court on or before 15.3.2012, their regular bail application shall be decided within three days, after the period of police remand is over.

Counsel for the State, on instructions from ASI Jasbir Singh, Police Station Dinanagar has not disputed the fact that simple injuries are assigned to petitioners No. 1 to 3.

Consequently, for the reasons stated in order dated 14.2.2012 and the statement made by counsel for the State, the present petition is accepted qua petitioners No. 1 to 3. Interim bail granted to them vide order dated 14.2.2012 is made absolute. In the event of arrest, they shall be released on bail to the satisfaction of Arresting/Investigating Officer till filing of report u/s 173 Cr.P.C. Thereafter, they shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court. They shall continue to appear before the Arresting/Investigating Officer as and when called for. They shall abide by the conditions as specified u/s 438(2) Cr.P.C.