Punjab-Haryana High Court
Sardul Singh And Another vs State Of Punjab on 5 March, 2012
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-4363 of 2012 (O&M)
Date of decision: 5th March, 2012
Sardul Singh and another
... Petitioners
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Karambir Singh Kahlon, Advocate for the petitioners.
Ms. Jaspreet Kaur, Assistant Advocate General, Punjab
for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
On February 15, 2012, this Court had passed the following order:
"The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in case FIR No.98 dated 22.11.2011, registered at Police Station Rangar Nangal, District Gurdaspur, under Sections 324, 323, 148 and 149 IPC. Later-on, offence under Sectgion326 IPC was added.
Learned counsel for the petitioners contends that Sardul Singh gave two blows with a kulhari, out of which the first one hit left ankle of the complainant and other hit near to it, whereas Paramjit Singh gave blows with a sota, which caused injuries on the right thumb, palm and left thigh of the complainant. Learned counsel further contends that the injuries attributed to both the petitioners have been Criminal Misc. No. M-4363 of 2012 (O&M) 2 declared as simple in nature. Learned counsel submits that petitioner No.1-Sardul Singh gave a cross-version, which is annexed with the present petition as Annexure P2. Further submits that Sardul Singh had also suffered injuries in the occurrence including grievous injury. Learned counsel further submits that it will be determined during the course of trial as to which party was aggressor in the occurrence.
Issue notice of motion to the Advocate General, Punjab, for 5.3.2012.
Meanwhile, in the event of arrest, the petitioners shall be admitted to interim bail on their furnishing personal and surety bonds to the satisfaction of the Arresting/Investigating Officer. The petitioners shall, however join the investigation as and when called for and they will also abide by the conditions as specified under Section 438 (2) Cr.P.C."
Counsel for the State, on instructions from Swamberjeet Singh ASI, Police Station Rangar Nangal, District Gurdaspur, states that the petitioners have joined the investigation and are no longer required for custodial interrogation by the investigating agency.
For the reasons stated in order dated February 15, 2012 and in view of the statement made by Counsel for the State, the present petition is accepted. The interim pre-arrest bail granted to the petitioners vide order dated February 15, 2012 is made absolute and it is ordered that in the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting/investigating officer. However, they shall continue to appear before the investigating agency as and when called- for till filing of a report under Section 173 Cr.P.C. They shall also abide by the conditions specified under Section 438 (2) Cr.P.C. On submission of Criminal Misc. No. M-4363 of 2012 (O&M) 3 the report under Section 173 Cr.P.C., the petitioners shall be permitted to furnish regular bail bonds to the satisfaction of the trial Court.
[KANWALJIT SINGH AHLUWALIA] JUDGE March 5, 2012 rps