Tarjinder Singh And Another vs State Of Punjab on 3 November, 2012

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Punjab-Haryana High Court

Tarjinder Singh And Another vs State Of Punjab on 3 November, 2012

Bench: Ram Chand Gupta

Crl.M.No.M-30293 of 2012(O&M)                                           -1-

IN THE HIGH COURT OF PUNJAB                          AND HARYANA AT
                 CHANDIGARH.

                                       Crl.M.No.M-30293 of 2012(O&M)
                                       Date of Decision: November 3, 2012

Tarjinder Singh and another
                                                     .....Petitioners
                                  v.
State of Punjab
                                                     ......Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

Present:    Mr.APS Deol, Sr. Advocate with
            Mr.ADS Jattana, Advocate
            for the petitioners.

            Mr.Pankaj Mulwani, DAG, Punjab.
                 ......

RAM CHAND GUPTA, J.(Oral)

The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.68, dated 30.6.2012, under Sections 326, 323, 336, 148, 149 IPC and under Sections 25 and 27 of the Arms Act, registered at Police Station Sarhali, District Tarn Taran.

I have heard learned counsel for the parties and have gone through the whole record carefully.

This Court while issuing notice of motion on 4.10.2012, passed the following order:

"Crl.M.No.58086 of 2012

Application is allowed subject to all just exceptions. Crl.M.No.M-30293 of 2012 It has been contended that one of the accused Balraj Singh, who allegedly gave sword blow, has already been arrested. It is further contended that other main accused Bhola Singh and Lucky, who were alleged to be armed with gun and pistol are also likely to surrender within a day or two. Further submitted that present petitioners have been attributed simple injuries with dangs. It is also contended Crl.M.No.M-30293 of 2012(O&M) -2- that it is a case of version and cross-version and that one of the petitioners, namely, Tarjinder Singh also received grievous injuries.

Notice of motion to Advocate General, Punjab, for 3.11.2012.

However, in the meantime, petitioners are directed to join the investigation and in case they are arrested, they shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C."

It has been stated by learned counsel for the petitioners that pursuant to the said order, the petitioners have already joined the investigation.

It has been stated by learned State counsel as well that the petitioners have joined the investigation and that they are no more required for any custodial interrogation by the police.

There are no allegations on behalf of the State that petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

In view of these facts and without expressing any opinion on the merits of the case, order dated 4.10.2012, granting interim bail to petitioners-Tarjinder Singh and Dilbagh Singh Fauji, is, hereby made absolute subject to the compliance of conditions contained in Section 438 (2) Cr.P.C.

The present petition stands disposed of accordingly.


3.11.2012                                            (Ram Chand Gupta)
meenu                                                     Judge

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