Punjab-Haryana High Court
Surjit Singh And Others vs State Of Punjab on 12 October, 2011
CRM-M No.30550 of 2011(O&M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.30550 of 2011 (O&M)
Date of decision : 12.10.2011
Surjit Singh and others
...... Petitioners
v.
State of Punjab
...... Respondent
***
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. M.L. Saggar, Sr. Advocate
with Mr. G.P. Vashist, Advocate
for the petitioners.
Mr. S.S. Chandumajra, D.A.G., Punjab.
Mr. S.P.S. Sidhu, Advocate
for the complainant.
***
AJAY TEWARI, J. (Oral)
This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case F.I.R. No.127 dated 21.09.2011 registered under Sections 382, 323, 324, 325, 148, 149 and 120-B IPC at Police Station Zira, District Ferozepur.
After arguing for some time, learned senior counsel for the petitioners prays for permission to withdraw this petition qua petitioner No.1.
Allowed as prayed for.
Dismissed as withdrawn qua petitioner No.1. As regards petitioners No.2 to 5, on 05.10.2011 the following contention was noticed:-
CRM-M No.30550 of 2011(O&M) ::2::
"Learned senior counsel has argued that this FIR is a fall out of an electoral dispute because the petitioners are supporters of a person who stood for election against the official Shiromani Akali Dal candidate in the SGPC elections."
Learned Deputy Advocate General on instructions from H.C. Dilbag Singh as well as learned counsel for the complainant have accepted these factual assertions. Apart from that it has also been accepted that no serious acts have been attributed to the petitioners No.2 to 5. Learned counsel for the complainant has however argued that the petitioners No.2 to 5 are the conspirators.
It is obvious that if the petitioners No.2 to 5 are found guilty of an offence they would be liable to undergo whatever punishment is imposed upon them but at present their custody would not be in the interest of justice.
In the circumstances, without going into the merits of the case, I deem it appropriate to grant the concession of anticipatory bail to the petitioners No.2 to 5.
Ordered accordingly.
Petitioners No.2 to 5 are directed to appear before the Investigating Officer on 21.10.2011 between 10 A.M. to 04 P.M and on any other date as and when their presence is required. On their appearance, the Investigating Officer would release them on bail subject to the conditions envisaged under Section 438(2) Cr.P.C.
Petition stands disposed of.
( AJAY TEWARI ) October 12, 2011 JUDGE ashish