The court granted anticipatory bail to the petitioner in an FIR under the Arms Act and IPC, noting a three-month delay in his naming despite his identification and presence at the spot, directing his appearance before the Investigating Officer.
Anticipatory bail granted. Petitioner directed to appear before IO to be released on bail.
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Crl. Misc. No.M-15816 of 2011 (O&M)
Gurpreet Singh Vs. State of Punjab
Present : Mr. N.S. Sidhu, Advocate for the petitioner.
Mr. S.S. Gill, D.A.G., Punjab.
AJAY TEWARI, J. (ORAL)
This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case F.I.R. No.41 dated 21.02.2010 registered under Sections 307, 506, 148, 149 IPC and 25, 27, 54 and 59 of the Arms Act at Police Station P.S. Sadar/Dehlon, Ludhiana.
Learned counsel for the petitioner has argued that the petitioner was not named in the FIR and he sought to be implicated only on the basis of the statement which was made 3 months subsequent thereto.
On instructions from ASI Tara Chand learned Deputy Advocate General has accepted this fact but has stated that the petitioner was identified on investigation and had also been present at the spot.
Be that as it may, in view of the fact that there is a delay of 3 months in naming the petitioner, I deem it appropriate to grant the concession of anticipatory bail to the petitioner.
Ordered accordingly.
Crl. Misc. No.M-15816 of 2011 (O&M)
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Petitioner is directed to appear before the Investigating Officer on 17.08.2011 between 10 A.M. to 04 P.M and on any other date as and when his presence is required. On his appearance, the Investigating Officer would release him on bail subject to the conditions envisaged under Section 438(2) Cr.P.C.
Petition stands disposed of.
( AJAY TEWARI ) August 08, 2011 JUDGE
ashish
2 issues framed by the court
Whether anticipatory bail should be granted to a petitioner named with a three-month delay in the FIR under the Arms Act and IPC.
Whether a delay in implicating the petitioner after identification during investigation warrants granting anticipatory bail.
3 provisions across 3 enactments
Gurpreet Singh
State of Punjab
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
