Punjab-Haryana High Court
Jarnail Singh And Another vs State Of Punjab on 18 March, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
Criminal Misc. No. M-35951 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-35951 of 2013
Date of Decision:-18.03.2014
Jarnail Singh and another
...Petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present:- Mr. P.S. Ahluwalia, Advocate
for the petitioners.
Mr. Gazi Mohd., Deputy A.G., Punjab.
Mr. Gaurav Singla, Advocate
for the complainant.
T.P.S.MANN J.(Oral)
Prayer made in the petition is for grant of pre-arrest bail to the petitioners in the case arising out of FIR No.82 dated 31.8.2013, registered at Police Station Sadar, Sunam, District Sangrur, for offences punishable under Sections 323/ 324/ 325/ 452/ 506/ 148 and 149 IPC, to which offence under Section 459 IPC was added later on.
Learned counsel for the petitioners has submitted that during the investigation of the case, the police added the offence under Section 326 IPC also to the heading of the FIR, whereas the offence under Section 325 IPC was deleted. However, now the challan has been presented for offences under Sections 459/458/324/323/506/148/149 IPC. He has further submitted that pursuant to the order dated 25.10.2013, the Asija Vijay 2014.03.19 16:21 I attest to the accuracy and integrity of this document High Court,Chandigarh Criminal Misc. No. M-35951 of 2013 -2- petitioners appeared before the Investigating Officer and were released on interim bail. Further, on 14.1.2014, when the police presented the challan, the petitioners appeared before the Sub Divisional Judicial Magistrate, Sunam and were admitted to bail. It is further submitted that petitioner Jarnail Singh was said to be armed with a double barrel rifle but not attributed firing of any shot. The only role attributed to him was raising of a lalkara exhorting his co-accused to teach a lesson to the complainant party. As regards petitioner Karnail Singh, he was said to have given a blow with the gandasa on the left arm of Baldev Krishan, which injury was later on found to be simple in nature.
Learned State counsel, after obtaining instructions from HC Sukh Pal, has informed the Court that the petitioners have joined the investigation and no more required for custodial interrogation as the investigation of the case stands completed and the final report under Section 173 Cr.P.C. submitted in the Court.
Learned counsel for the complainant has vehemently opposed the prayer by submitting that petitioner Jarnail Singh was carrying a rifle with him at the time of occurrence, whereas, petitioner Karnail Singh was armed with a gandasa, which he had used in giving an injury on the left arm of injured Baldev Krishan. The injury caused as a result thereof was finally stitched by attending doctor.
Without commenting on the merits, lest it may prejudice the case of either party, this Court is of the considered view that no useful purpose will be served by arrest of the petitioners as they have already joined the investigation and also appeared before the trial Court at the time Asija Vijay 2014.03.19 16:21 I attest to the accuracy and integrity of this document High Court,Chandigarh Criminal Misc. No. M-35951 of 2013 -3- of presentation of the challan and admitted to bail.
Resultantly, the petition is accepted. The petitioners shall remain on bail during pendency of the trial of the case on their furnishing fresh bail bonds to the satisfaction of the trial Court.
March 18, 2014 ( T.P.S.MANN )
Vijay Asija JUDGE
Asija Vijay
2014.03.19 16:21
I attest to the accuracy and
integrity of this document
High Court,Chandigarh