Punjab-Haryana High Court
Jassa @ Jaspal Masih vs State Of Punjab on 12 December, 2013
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM-M No. 37701 of 2013 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM No.M-37701 of 2013
Date of decision : 12.12.2013
Jassa @ Jaspal masih
...Petitioner
Versus
State of Punjab
..Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. Mohd. Yousaf, Advocate
for the petitioner.
Mr. Jaspreet Singh, Assistant Advocate General, Punjab
for the State.
****
Mehinder Singh Sullar, J. (Oral)
Petitioner-Jassa @ Jaspal Masih son of Roop Lal, has preferred the instant petition for the grant of anticipatory bail in a case registered against him along with his other co-accused, vide FIR No. 113 dated 11.06.2011, on accusation of having committed the offences punishable under Sections 307, 452, 148, 149 IPC and 25 of the Arms act, by the police of Police Station Sadar Amritsar, District Amritsar, invoking the provisions of Section 438 Cr.P.C.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through Sumit Kumar the record with their valuable assistance and after deep consideration of the 2013.12.12 14:46 I attest to the accuracy and integrity of this document CRM-M No. 37701 of 2013 -2- entire matter, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.
4. It is not a matter of dispute that it is a case of no injury. Petitioner was stated to have pushed the complainant. No other specific role or over-tact is attributed to him. The shot was fired by main accused Star Masih @ Goni (who was arrested and was released on regular bail). Moreover, interim bail was granted to the petitioner to enable him to join the investigation by this Court, by virtue of order dated 04.12.2013.
5. At this stage, on instructions from ASI Malook Singh, learned State counsel has acknowledged the factual matrix and submitted that the petitioner has already joined the investigation. He is no longer required for further interrogation, at this stage. There is no history of his previous involvement in any other criminal case. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.
6. In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by this Court, by virtue of order dated December 04, 2013, is hereby made absolute, subject to the compliance of the conditions, as contemplated under Section 438(2) Cr.P.C.
Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for Sumit Kumar 2013.12.12 14:46 I attest to the accuracy and integrity of this document CRM-M No. 37701 of 2013 -3- anticipatory bail. At the same time, in case, the petitioner does not cooperate or joins the investigation, the prosecution would be at liberty to move a petition for cancellation of his bail, in this respect.
12.12.2013 (Mehinder Singh Sullar)
sumit.k Judge
Sumit Kumar
2013.12.12 14:46
I attest to the accuracy and
integrity of this document