Punjab-Haryana High Court
Jaswinder Singh vs State Of Punjab on 4 December, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
Crl.M.No.M-38065 of 2012(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.M.No.M-38065 of 2012(O&M)
Date of Decision: December 4, 2012
Jaswinder Singh
.....Petitioner
v.
State of Punjab
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.S.S.Swaich, Advocate
for the petitioner.
......
RAM CHAND GUPTA, J.(Oral)
Crl.M.No.72305 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-38065 of 2012 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.127, dated 27.12.2011, under Sections 323, 506, 147, 149, 450, 452, 326 IPC, (Sections 450, 452 & 326 IPC added later on) registered at Police Station Sohana, District SAS Nagar.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, SAS Nagar, vide which application filed on behalf of the petitioner for anticipatory bail was dismissed.
This is second application for anticipatory bail filed on behalf of the petitioner-accused. Earlier application for anticipatory bail was dismissed on merit by this Court vide order dated 16.5.2012 passed in Crl.M.No.M-13147 of 2012.
Brief allegations against petitioner-accused are that on 12.12.2011 at about 9.00 p.m., when complainant was present in her house alongwith her children, petitioner-accused alongwith co-accused jumped over the gate of her house and entered the house of the complainant. Three Crl.M.No.M-38065 of 2012(O&M) -2- of the co-accused entered the house of the complainant through roof of the house. Co-accused Jasbir Kaur gagged a cloth in the mouth of the complainant, whereas present petitioner-accused, who was having a acid bottle in his hand, tried to put the acid in her mouth and, however, when complainant tried to save herself, he threw the acid on her stomach. Co- accused also caused injuries to her. Co-accused also dragged Jaspreet Singh, a minor nine year old child of complainant. She was admitted in Government Medical College and Hospital, Sector 32, Chandigarh, where she remained admitted for 3-4 days. As per initial medical report, there was tenderness and reddishness on the stomach. C.T. Scan had also shown contusion of brain and the injury was opined as grievous.
It has been contended by learned counsel for the petitioner- accused that after dismissal of earlier bail application, the matter was reinvestigated by the police and offences under Sections 326 as well as 452 IPC have since been deleted. Hence, it is contended that petitioner is entitled for bail. It is also contended that a petition under Section 482 Cr.P.C. had been filed by complainant before this Court, i.e., Crl.M.No.M- 21968 of 2012, in which reply has been filed on behalf of the State stating that offences under Sections 326 and 452 IPC have since been deleted and that the only offences remained are under Sections 323, 506, 148 read with Section 149 IPC.
However, perusal of order dated 7.9.2012 passed by this Court in Crl.M.No.M-21968 of 2012 shows that on the petition of complainant for transferring investigation of this case to some independent agency, respondent-State has been restrained from filing report under Section 173 Cr.P.C.
Hence, in view of serious allegations against petitioner- accused, it is not such a case in which extraordinary relief of anticipatory bail should be granted to him.
Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Jaswinder Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
4.12.2012 (Ram Chand Gupta) meenu Judge