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Judgment
8 paragraphs · 454 wordsMehinder Singh Sullar, J.—Invoking the provisions of Section 438 Cr.PC., Petitioner Ranjit Singh @ Rana son of Resham Singh, has directed the present petition for anticipatory bail in a case registered against him alongwith his other eight co-accused, vide FIR No. 40 dated 22.9.2010, on accusation of having committed the offences punishable under Sections 148, 323 and 324 IPC (later on added Section 326 IPC) read with Section 149 IPC by the police of Police Station Smalsar, District Moga.
After hearing the learned Counsel for the parties, going through the record with their valuable help and after deep consideration of the matter, to my mind, the present petition deserves to be accepted in this regard.
While issuing notice of motion, the Petitioner was directed to join the investigation. At the very outset, the learned State counsel, on instructions from HC Gurdeep Singh, has submitted that the Petitioner has already joined the investigation and the weapon of offence has also been recovered from him. Therefore, he is no longer required for further interrogation at this stage.
What is not disputed here is that Petitioner only caused simple injury on the hand of the complainant. He did not repeat the injury. All the co-accused of the Petitioner are on bail. All the offences alleged against the Petitioner are triable by the Court of Magistrate. Moreover, there is no history of his previous involvement in any criminal case.
So, taking into consideration the totality of the facts and circumstances, emanating from the record, as indicated here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the present Petitioner is entitled to anticipatory bail in the obtaining circumstances of the present case.
Consequently, it is directed that in the event of his arrest, the Petitioner shall be released on anticipatory bail on his furnishing bail and surety bonds in the sum of Rs. 10,000/-to the satisfaction of Arresting Officer, subject to the conditions that (i) he shall make himself available for interrogation by the Investigating Agency as and when required; (ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and (iii) he will not leave India without prior permission of the trial Court.
Needless to mention that in case, the Petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail, in this relevant connection.
The instant petition is disposed of accordingly.
