Referred to as second anticipatory bail application after earlier dismissal as withdrawn. Court held it is not maintainable. Dismissed being devoid of merit. Case involves assault allegations under IPC.
Anticipatory bail application dismissed being devoid of merit.
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CRM No.M-39315 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 39315 of 2012(O&M) Date of Decision: December 14, 2012.
Dalwinder Singh.
...... PETITIONER(s)
Versus
State of Punjab.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. H.S.Batth, Advocate, for the petitioner.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in cross version case registered vide DDR no. 18 dated 28.02.2012, under Sections 326/324/323/34 IPC, registered at police station Khemkaran, District Tarn Taran in FIR no. 6 dated 17.02.2012, under Sections 326/324/323/34 IPC, registered at police station Khemkaran, District Tarn Taran.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Tarn Taran dismissing bail application filed by the petitioner.
CRM No.M-39315 of 2012
2
This is second application for anticipatory bail filed on behalf of petitioner-accused. Earlier anticipatory bail application was filed by the present petitioner-accused alongwith co-accused and however, counsel for present petitioner did not press the petition for anticipatory bail on his behalf and the same was got dismissed as withdrawn. However, other co-accused were granted interim bail by this Court which was later on made absolute, vide order dated 16.10.2010 passed in Crl. Misc. No.M-28651 of 2012.
Hence, in view of these facts, the present second anticipatory bail application on the same facts is not maintainable. Moreover as per allegations petitioner is the main accused, who was armed with Kirpan and allegedly tried to cause Kirpan blow on the head of complainant and however, as complainant raised his arm in defence and hence, the same hit on the right arm.
Hence, in view of these facts, it is not such a case in which extra-ordinary relief of anticipatory bail should be granted to the petitioneraccused.
Without expressing any opinion on the merits of the case, the instant application for anticipatory bail filed by Dalwinder Singh is, hereby, dismissed being devoid of merit.
December 14, 2012. ‘om’
( RAM CHAND GUPTA ) JUDGE
2 issues framed by the court
Whether a second anticipatory bail application is maintainable after the earlier one was dismissed as withdrawn and other co-accused were granted bail.
Whether extraordinary relief of anticipatory bail should be granted in a case involving allegations of assault.
1 provisions across 1 enactments
Dalwinder Singh
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
