Petitioner Diyal Singh filed a petition for pre-arrest bail in FIR No. 226/2017 involving offences under sections 323, 324, 326, 452, 148, 149 IPC. The Court dismissed the petition holding that custodial interrogation is necessary for recovery of the Kirpan and effective investigation.
Petition for pre-arrest bail dismissed; no bail granted.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 9388 of 2018 DATE OF DECISION :- March 22, 2018
Diyal Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE H.S. MADAAN
Present :- Mr. Prateek Pandit, Advocate for the petitioner.
Mr. Ramandeep Sandhu, Sr. DAG, Punjab. ***
This petition for pre arrest bail has been filed by petitioner Diyal Singh, an accused in F.I.R. No. 226 dated 20.08.2017 for offence under Sections 323,324,326,452,148,149 IPC with Section 326 IPC added later on registered with Police Station Kotwali, District Kapurthala.
Briefly stated the facts of the case as per prosecution story are that on 19.8.2017 at about 8.10 p.m., Sewa Singh armed with base ball, Soma armed with a Datar, Gurmit Kaur armed with a Sota along with others went to the house of complainant Shinda Singh. On a lalkara being raised by Kauri Kaur, Diyal Singh gave a Kirpan blow on the wrist of right hand of Shinda Singh. The injury attributed to the present petitioner is grievous in nature. His custodial interrogation is required to effect the recovery of the Kirpan used in the incident and for complete and effective investigation. Therefore, the petition is bound to fail and is dismissed accordingly.
(H.S. MADAAN) JUDGE
March 22, 2018 p.singh
Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Parvinder Singh 2018.03.22 17:04 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether bail should be granted in an anticipatory bail petition filed by Diyal Singh accused under Sections 323, 324, 326, 452, 148, 149 IPC.
Diyal Singh
State of Punjab
H. S. Madaan
As recorded by the court registry
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