Allowed a petition for anticipatory bail under Section 438 Cr.P.C. in a criminal case involving grievous injury, finding injuries on non-vital parts and noting the petitioner's readiness to join investigation.
Anticipatory bail granted; petitioner to be released on interim bail upon joining investigation subject to Investigating Officer's conditions.
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Criminal Misc. No. M-19065 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-19065 of 2012 Date of decision: 20.07.2012.
Jagdeep Singh
..Petitioner
Versus
The State of Punjab
..Respondent
CORAM: HON'BLE MRS. J`USTICE DAYA CHAUDHARY
Present: Mr. Baltej Singh Sidhu, Advocate, for the petitioner.
Mr. G.S. Brar, AAG, Punjab, for the respondent – State.
Daya Chaudhary, J. (Oral)
The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.66 dated 02.06.2012 under Sections 323, 324, 326, 347/120-B of Indian Penal Code registered at Police Station Lambi.
Learned counsel for the petitioner submits that the injury attributed to the present petitioner is on non-vital part and is incised wound of 1.5 x 0.1 cm on post aspect of right thumb. The other injury attributed to the petitioner is simple in nature. Learned counsel further submits that it is a case of version and cross-version as injuries have been caused to persons of both sides. Learned counsel also submits that father of the petitioner, namely, Makhan Singh, was arrested and has been released on regular bail. Similarly, brother of the petitioner, namely, Rajan, filed Criminal Misc. No. M-19098 of 2012 for grant of regular bail and the petition was allowed. Learned
Criminal Misc. No. M-19065 of 2012
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counsel also submits that the petitioner is ready to join the investigation.
Learned State counsel opposes the anticipatory bail on the ground that co-accused of the petitioner were arrested and one of them has been released on bail and the grievous injuries have been attributed to the present petitioner.
In view of the submission made by learned counsel for the petitioner and the fact that the injuries are on the non-vital part and petitioner is ready to join the investigation, the present petition is allowed.
In case, the petitioner joins investigation, he shall be released on interim bail to the satisfaction of Investigating Officer subject to terms and conditions imposed upon by the Investigating Officer.
Disposed of accordingly.
(DAYA CHAUDHARY) JUDGE
20.07.2012 neetu
1 issue framed by the court
Whether the petition for grant of anticipatory bail under Section 438 Cr.P.C. should be allowed.
1 provisions across 1 enactments
Jagdeep Singh
The State of Punjab
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
