Allowed

Narinder Pal Singh & Anr. v. State of Punjab

Punjab & Haryana HC24 Sept 2012CRM-M/24553/2012

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana granted pre-arrest bail in a criminal matter involving alleged assault arising from a land dispute. The court released Petitioner 1 on account of simple injury and Petitioner 2 despite alleged grievous injury, citing the dispute's context, father's arrest, and prior investigation cooperation.

What did the court decide?

Bail granted to Narinder Pal Singh and Amandeep Singh on arrest subject to joining investigation and not tampering with evidence.

Narinder Pal Singh & Anr. Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2012)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

¶3

Crl. Misc. No. M-24553 of 2012 Date of Decision:24.09.2012

¶4

Narinder Pal Singh @ Lali and another

.....Petitioners

Vs.

State of Punjab

.....Respondent

CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI

¶10

Present:Mr. B.S. Baath, Advocate for the petitioners.

¶11

Mr. Raghbir Chaudhry, Sr. DAG, Punjab.

¶12

Mr. R.S. Randhawa, Advocate for the complainant.

¶13

¶14

M.M.S. Bedi, J.(Oral)

¶15

Petitioners seek concession of pre-arrest bail in a case registered at the instance of Hardev Singh alleging that on 21.7.2012, Mohinder Pal Singh along with petitioners and one unidentified person attacked him. Mohinder Pal Singh gave two gandasi blows on his person hitting him on jaw and left arm whereas petitioner No.1 has been attributed a kirch blow on his right elbow and petitioner No.2 has been attributed a dah blow on the left arm. The motive attributed is land dispute with Harminder Pal, who is father of the petitioners.

¶16

Counsel for the complainant has intervened to oppose the application for pre-arrest bail contending that the grievous injuries are attributed to Mohinder Pal Singh as well as to petitioner No.2 – Amandeep Singh.

¶17

Counsel for the petitioners has contended that the grievous

¶18

-2-

¶19

Crl. Misc. No. M-24553 of 2012

¶20

injury is attributed only to non-applicant Mohinder Pal Singh, who has already been arrested.

¶21

I have heard learned counsel for the petitioners as well as Mr. Chaudhry, learned State Counsel, counsel for the complainant and have carefully gone through the record.

¶22

Petitioner No.1 has been attributed simple injury on the right elbow, as such, he can be granted the concession of pre-arrest bail. It is ordered that in case of arrest of Narinder Pal Singh @ Lali, he will be released on bail on furnishing of surety bonds to the satisfaction of Arresting Officer, subject to the condition that he will join the investigation as and when required and will not tamper with the evidence or hamper with the investigation.

¶23

So far as Amandeep Singh is concerned, he is alleged to have given a dah blow on the left arm. The medical reports indicate that the injured had received a grievous injury, i.e., fracture of radius bone, which as per the MLR was an abrasion. It is an admitted fact that there is a serious land dispute existing between Harminder Pal Singh, father of the petitioners, who is a care taker (Mohantmim) of Dharamshala over land measuring 185 kanals with the complainant. It is debatable that whether the complainant had received injury on the left arm with a kirch or a weapon which had caused abrasion on his left arm.

¶24

In view of the above circumstances and the petitioners having already joined investigation, as per the instructions of HC Sohan Singh, it does not appear to be a case of custodial interrogation of petitioners as both the petitioners happen to be sons of Harminder Pal Singh, who has already

¶25

-3-

¶26

Crl. Misc. No. M-24553 of 2012

¶27

been arrested, the petition is allowed. It is ordered that petitioner - Amandeep Singh also will be released on bail in case of his arrest, subject to the satisfaction of Arresting Officer and also subject to the condition that he will join investigation as and when required and that he will also not tamper with the evidence or hamper with the investigation.

¶28

September 24, 2012 ( M.M.S. BEDI ) renu JUDGE

Narinder Pal Singh & Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

Narinder Pal Singh & Anr. v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Subhash Bhalla Vs State of Punjab & Ors.

Subhash Bhalla Vs State of Punjab etc.

Rahul @ Bhallu Vs State of Haryana

Sonam and Anr. Vs State of Haryana and Ors.

Rajwanti @ Meena and Anr. Vs State of Haryana and Ors.

Saroj Bala Vs State of Haryana