Yadwinder Singh vs State of Punjab

Jaswant Singh, J.—Prayer u/s 438 Cr.P.C is for grant of anticipatory/pre arrest bail in case FIR No. 158 dated 25.9.2010 under Sections 323/324/452/148/149 IPC, P.S Sultanpur Lodhi, District Kapurthala on behalf of Yadwinder Singh, who claims himself to be a juvenile.

As per allegations in the FIR lodged by complainant Baldev Singh, accused Narinder Pal Singh on the day of occurrence i.e 25.9.2010 at 11.00 a.m armed with kirpan, his brother Harpreet Singh @ Preet armed with datar and 8-9 unknown young boys came on motorcycles, who were also armed with datars in their hands and entered the house of complainant and inflicted injuries to the complainant and his son-Harpreet Singh @ Rinku to teach them a lesson for having a quarrel with them on a previous occasion. The Petitioner is alleged to be one of those boys accompanying the main accused Narinderpal Singh. Petitioner has been attributed a simple injury on the left hand of Pritam Kaur, family member of the complainant party.

Learned Counsel by referring to Annexure P.1 (Matriculation Examination Certificate) states that the Petitioner was below the age of 18 years on the date of occurrence and thus entitled to the grant of anticipatory bail. It is further stated that the injury attributed to the Petitioner is simple in nature.

Learned Counsel for the complainant opposes the anticipatory bail of the Petitioner in view of his participation in the alleged incident.

Learned state counsel, on instructions from SI Sukhdev Singh, states that the Petitioner has joined investigation and his custodial interrogation is no longer required. It is further stated the weapon of offence i.e datar has also been recovered.

In view of the above, interim protection/pre arrest bail granted vide order dated 2.12.2010 is made absolute.

Petition stands disposed of.