A pre-arrest bail petition was dismissed for Petitioner No.1 and allowed for Petitioner No.2 subject to conditions of Section 438(2) Cr.P.C., as no recovery was required for the latter.
Petition dismissed w.r.t Petitioner No.1; allowed w.r.t Petitioner No.2 with interim order made absolute under S. 438(2) Cr.P.C.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc. M 14724 of 2011 Date of decision: 17.8.2011
Nishan Singh and another
petitioner
vs
State of Punjab
respondent
Present:Mr. SS Kahira, Advocate Mr. Arshvinder Singh,Addl.A.G.Pb
M.M.S.BEDI, J.
The petitioners seek the concession of pre-arrest bail in a case of assault on the person of Bachan Singh complainant. Petitioner No.1 had allegedly assaulted Bachan Singh with a datar where as petitioner No.2 Gurpreet Singh, armed with a kahi, is alleged to have given a simple injury on the right foot of Bachan Singh. Taking into consideration the part played by petitioner No.1 Nishan Singh, petition qua him is dismissed. So far as petitioner No.2 is concerned, he has joined investigation and no recovery is required to be made from him as weapon of offence has already been recovered.
Without expression of any opinion on merits, petition qua petitioner No.2 Gurpreet singh is allowed and interim order dated 1.6.2011 is made absolute subject to all the conditions u/s 438(2) Cr.P.C.
August 17 , 2011 (M.M.S.BEDI ) TSM JUDGE
2 issues framed by the court
Whether the petition for pre-arrest bail should be dismissed or allowed with conditions.
Whether interim order dated 1.6.2011 should be made absolute for Petitioner No.2.
1 provisions across 1 enactments
Nishan Singh
Gurpreet Singh
State of Punjab
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
